Patna High CourtCR. MISC./76810/2019bail granted

Pradip Choudhary v. The State Of Bihar

2019-12-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76810 of 2019 Arising Out of PS. Case No.-401 Year-2019 Thana- PATORI District- Samastipur ====================================================== PRADIP CHOUDHARY Son of Saryug Choudhary Resident of VillageImansarai, Police Station-Patory, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Patori P. S. Case No. 401 of 2019 dated 14.10.2019 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

40 litres of liquor is said to have been recovered from the shop of the petitioner. He is said to be in custody since 15.10.2019 and is a person of clean antecedents.

It has been submitted that earlier i.e. before

Patna High Court CR. MISC. No.76810 of 2019(2) dt.11-12-2019 2/2 the Prohibition Law was enacted in the State, he used to sell toddy and because of this background, the petitioner has been made accused in this case after showing recovery of 40 litres of liquor from the shop from which he used to sell toddy in the past.

Considering the afore-stated facts, especially the period of his custody and his being a person of clean antecedent, this petition is allowed.

The petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Excise Act, Samastipur, District - Samastipur in connection with Patori P. S. Case No. 401 of 2019.

(Ashutosh Kumar, J) skm/- U