Jai Prakash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5906 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Jai Prakash Chaudhary, son of Late Raghunath Chaudhary, resident of village and P.S-Bhagwanpur Hat, Distt.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bhagwanpur Hat P.S. Case No. 211 of 2018, instituted for the offence under Section(s) 272, 273, 308, 420 of the Indian Penal Code, Sections 30(a) and 41 (i) of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that 10 liters of country made liquor has been recovered from the house of the petitioner.

Seizure list has been prepared which does not bear signature either of the petitioner or any of his family members. Petitioner is said to be in custody since19.11.2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.5906 of 2019(2) dt.04-02-2019 2/2 the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd - cum-Special Judge, Excise, Siwan, in connection with Bhagwanpur Hat P.S. Case No. 211 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

It is mentioned in paragraph-3 of the bail petition that one Excise case of Bhagwanpur Hat P.S. Case No. 214 of 2017 is pending against the petitioner. Petitioner will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will liable to be cancelled. (Sanjay Priya, J) S.Ali/- U T