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. ----------- 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. M.Rahman ( Birendra Prasad Verma, J )