Prakash Choudhary @ Om Prakash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85522 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- SAHAJITPUR District- Saran ====================================================== Prakash Choudhary @ Om Prakash Choudhary aged about 42 years , Male, Son of Jagarnath Choudhary Resident of Village- Meduka, Pasi Tola, P.S.- Sahajitpur, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sahajitpur P.S. Case No. 99 of 2019, registered for the offence punishable under Sections 30, 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the Police on the basis of secret information that petitioner along with an another person has brought a consignment of illicit liquor from a Bolero Car, intercepted the said Bolero Car and recovered a total quantity of 200 liters of illicit Mahua liquor from the Bolero Car in question. The person sitting in the said Bolero Car

Patna High Court CR. MISC. No.85522 of 2019(3) dt.18-03-2020 2/3 succeeded in fleeing away. The petitioner surrendered himself before the court below on 08.11.2019 and since then he is in judicial custody.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged inasmuch as the Bolero car from which the illicit liquor has been recovered does not belong to the petitioner and no illicit liquor has been recovered from his conscious possession or the vehicle belonging to him. Learned counsel further submits that petitioner has got no criminal antecedent and he has been made accused merely on the basis of suspicion. Learned counsel relying upon the order dated 03.02.2020 passed in Cr. Misc. No. 5729 of 2020 submits that similarly situated co-accused Dahari Choudhary has been granted bail by this Court.

Having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and the similarly situated co-accused has been granted bail by this Court , I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.85522 of 2019(3) dt.18-03-2020 3/3 to the satisfaction of learned 2nd Addl. Sessions Judge Cum Special Judge, Excise, Saran, Chapra in connection with Sahajitpur P.S. Case No. 99 of 2019.

(Anil Kumar Sinha, J) praful/- U T