Ashok Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58010 of 2018 Arising Out of PS. Case No.-426 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Ashok Chaudhary Son of Late Chandradeo Chaudhary Residence of Village - Berwash, Police Station - Dumra, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Complaint Case no. C-2/426 of 2018 for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the Excise officials, is that during search 40 litres of country-made wine and 400kg Mahua was recovered near the thatched hut of the petitioner in a Baswari.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. He submits that the excise officials while taking out Java Mahua

Patna High Court Cr.Misc. No.58010 of 2018(2) dt.03-10-2018 2/2 from the plastic bags, which was put under the earth, some packets were torn and as such the exact amount could not be quantified. He submits that the petitioner is in custody since 15.08.2018.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record and that petitioner has no criminal antecedent, 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 A. D. J. IInd cum Special Judge Excise Act, Sitamarhi, in connection with Complaint Case no. C-2/426 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/Pragya U T