Ravi Chaurasia @ Modi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22740 of 2016 Arising Out of PS.Case No. -83 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ====================================================== Ravi Chaurasia @ Modi S/o Shibnarayan Chourasia @ Modi resident of village - Rajani Ward No. 16, P.S. Murliganj, District - Madhepura .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate. For the Opposite Party/s : Mr. B. Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in connection with Murliganj P.S. Case No. 83 of 2016 registered for the offence punishable under Section 290 of the Indian Penal Code and Section 47(a) of the Excise Act.
Allegedly, acting on a tip off, raid was conducted and the petitioner was apprehended and from his house, 20 packets each containing 24 bottles of 400ml illicit country made liquor and in another plastic bag, 11 bottles of illicit country made liquor were recovered and it is alleged that the petitioner is indulged in selling illicit liquor.
Submission is of false implication and that nothing
Patna High Court Cr.Misc. No.22740 of 2016 (2) dt.26-05-2016 2/2 was recovered from conscious possession of the petitioner, he has been made victim of the circumstances, the house is joint family property, and without any fault, he is suffering in custody since 05.03.2016. Chargesheet has already been submitted and, as such, the petitioner deserves sympathetic consideration to which the learned APP fairly submits that considering the detention of the petitioner, lenient view can be taken. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No.
83 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Mishra/- U T