Patna High CourtCR. MISC./27311/2017bail granted

Bhola Chaudhary v. The State Of Bihar

2017-06-15Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27311 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Bhola Chaudhary, S/o Mishri Chaudhary, R/o Vill- Sonu Bigha, P.S.- Town (Kadsirganj O.P.), Distt- Nawada.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party/s : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-06-2017 Heard Sri Amresh Kumar Sinha, learned counsel for the petitioner and Smt. Sharda Kumari, learned A.P.P. for the State. The petitioner in the present case is seeking regular bail in connection with Nawada Town (Kadirganj) P.S. Case No. 149 of 2017 for offence registered under Sections 272 and 273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner as the F.I.R. itself shows that seizure is said to have been made from the newly build house, however, the petitioner was not present in the said house. He further submits that the seizure-list no where shows the description of the house/place from where the seizure has been made and it is not in accordance with Section 100 Cr.P.C. The petitioner has no criminal antecedent and he is in jail since 06.04.2017.

Patna High Court Cr.Misc. No.27311 of 2017 (3) dt.15-06-2017 2/2 Learned A.P.P. opposed the prayer for bail.

However, considering the fact of the case as also the submissions made on behalf of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Nawada Town (Kadirganj) P.S. Case No. 149 of 2017, subject to the condition under Section 437 (3) Cr.P.C. (Rajeev Ranjan Prasad, J) manish/- U T