Rajesh Chaudhary @ Pahari Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20761 of 2018 Arising Out of PS.Case No. -81 Year- 2018 Thana -DUMRA District- SITAMARHI ====================================================== Rajesh Chaudhary @ Pahari Chaudhary S/o Baidhnath Chaudhary, R/o Village- Berabas, P.S.- Dumra, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Dumra P.S. Case No. 81 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

45 litres of Nepali saufi wine is said to have been recovered from the house of the petitioner and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. The house of the petitioner is inhabited by

Patna High Court Cr.Misc. No.20761 of 2018 (2) dt.16-04-2018 2/2 several family members and he had no knowledge of keeping of the said liquor in the house. He has no criminal antecedent. He has been languishing in custody since 02.03.2018. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned 1st A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Dumra P.S. Case No. 81 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T