Munna Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86697 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== MUNNA CHOUDHARY S/o Ramabtar Choudhary R/o village- Barabazar, Ward No. 13, P.S.- Phulbariya, District- Begusarai. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ranjay Kumar Singh, Advocate.

For the State :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rail Kiul P.S. Case No.181 of 2019 registered under Section 30(a) of the Bihar Excise and Prohibition Act, 2018.

The accusation is that on receiving secret information about carrying the liquor, keeping in the bag, by two persons, boarding in the train, the informant along with other Railway Police Personnel started checking of the compartment of the train. In that course, two persons started to flee away with bags but, on chase, they were apprehended, who disclosed his name as Pappu Sah and Munna Choudhary (petitioner). On search of the bag of the petitioner, 120 pouches, each containing 200 ml.

Patna High Court CR. MISC. No.86697 of 2019(2) dt.18-01-2020 2/2 country made liquor, were recovered, whereas on search of the bag of Pappu Sah, 48 pouches, each containing 500 ml. Indian Made Foreign Liquor, were recovered.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner was travelling in the train but, on mere suspicion, after recovery of the bag from the train, containing illicit liquor, the petitioner was apprehended by the police. The petitioner having no criminal antecedent is in custody since 14.10.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge-cum-Additional Sessions Judge-II, Lakhisarai, in connection with Kiul Rail P.S. Case No.181 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T