Amod Kumar @ Amod Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14629 of 2018 Arising Out of PS.Case No. -135 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Amod Kumar @ Amod Choudhary, S/o Sri Suresh Choudhary, resident of Village- Jadua Mamu Bhanja, P.S. Hajipur Town, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganga Prasad Bimal For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Hajipur Town P.S. Case No. 135 of 2017 for offences punishable under Sections 272 and 188 of the I.P.C. and Sections 30, 38, 47 and 48 of the Bihar Excise Amendment Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information that the brother of the petitioner who owns an iron grill shop has concealed consignment of foreign liquor, shop was raided and one Shashi Kumar son of shop owner Suresh Choudhary was apprehended who revealed that along with his father Suresh Choudhary and brother (petitioner) he is engaged in trading of illicit liquor. From the shop premises 58.600 liters of foreign liquor was recovered.

Patna High Court Cr.Misc. No.14629 of 2018 (2) dt.13-03-2018 2/2 Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated on suspicion. He submits that nothing has been recovered from his conscious possession and the apprehended co-accused as well as the shop owner has already been granted the privilege of bail by a co-ordinate Benches of this Court in Cr. Misc. No. 22961 of 2017 on 22.05.2017 and Cr. Misc. No .10203 of 2018 on 21.02.2018 and that the petitioner is languishing in judicial custody since 30.01.2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 135 of 2017. (Nilu Agrawal, J) Devendra/- U T