Viky Choudhary @ Binod Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2136 of 2018 Arising Out of PS.Case No. -124 Year- 2017 Thana -CHANDAUTI District- GAYA ======================================================
1. Viky Choudhary @ Binod Choudhary S/o Bhun Choudhary @ Dharmendra Choudhary, R/o Village- Kujapi, P.S.- Chandouti, DistrictGaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kumar Singh For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Chandauti P.S. Case No. 124 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, seven accused persons are said to have been transporting 240 liters of country made liquor by the pick-up van and managed to escape seeing the police party. The name of the petitioner has been disclosed by the Chaukidar.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.2136 of 2018 (02) dt.23-01-2018 conscious physical possession of the petitioner. He was not apprehended on the spot. He has been falsely implicated in this case by the Chaukidar due to animosity. He has no criminal antecedent. The petitioner has been languishing in custody since 17.11.2017.
In the facts and circumstances of the case, 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 Special Judge Excise, Gaya in connection with Chandauti P.S. Case No. 124 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T