Manoj Chaudhary @ Amar Chaudhary @ Amar Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14196 of 2018 Arising Out of PS.Case No. -123 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Manoj Chaudhary @ Amar Chaudhary @ Amar Kumar Chaudhary, Son of Late Paltan Chaudhary, Resident of Village- Sundarpur Ratwara, P.S.- Pira, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. 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 is languishing in judicial custody since 24.01.2018 in connection with Excise Case No. 123 of 2016 for offences punishable under Sections 47(a), (c), (e), (f), (g) and 52(a)(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the excise officials, is that on information a closed brickkiln named New Amar Brick Chimni was raided and from the premises huge quantity of foreign liquor, country-made liquor, spirit and empty bottles as well as its cover indicating manufacturing of illicit liquor was recovered.

Patna High Court Cr.Misc. No.14196 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 the brickkiln belonged to one Ajit Kumar and he had no connection with the seized illicit liquor. He submits that nothing has been recovered from his possession, the seizure-list has not been prepared in accordance with Section 100 Cr.P.C. and that chargesheet has already been submitted. 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 Special Judge, Excise, Muzaffarpur, in connection with Excise Case No. 123 of 2016, 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/- U T