IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33973 of 2010
SURENDRA CHOUDHARY son of late Ramdeo Choudhary,
R/o village Mahuari, P.S. Baghaila, Dist. Rohtas at Sasaram
...petitioner.
Versus
THE STATE OF BIHAR opposite party.
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2 15.09.2010 Heard the parties.
In a criminal prosecution registered under
sections 414, 272, 273/34 of the Indian penal Code as also
under section 47 (a) of the Bihar Excise Act, three FIR
named accused persons namely Ramayan Tiwary, Md.
Golden and Akbar were apprehended by the police with a
Scorpio vehicle. From the seized vehicle in question about
720 Ltrs. Of country made liquor were seized by the police.
It is submitted that admittedly the country made
liquor in question has not been recovered either from the
possession or from the house of the petitioner. The
petitioner has been arrayed in the category of accused on the
basis of statement made by co-accused persons before the
police. It is also submitted that name of the petitioner has
been disclosed by the co-accused persons because of
personal animosity. The petitioner is stated to be in judicial
custody since 27.7.2010. It is further highlighted that
petitioner is a patient of AIDS and was under going
2
treatment in the hospital.
Taking into consideration the aforesaid facts and
circumstances of the case, the above named petitioner is
directed to be enlarged on bail on furnishing bail bond of
Rs. 10,000/-(ten thousand) with two sureties of like amount
each to the satisfaction of S.D.J.M, Bikramganj , Rohtas, in
connection with Nasriganj (Rajpur) P.S. Case No. 86 of
2010.
( Birendra Prasad Verma, J )
M.Rahman