Vishnu Chaudhary @ Petariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15024 of 2019 Arising Out of P.S Case No.-45 Year-2019 Thana- MALSALAMI District- Patna ====================================================== VISHNU CHAUDHARY @ PETARIYA, Male aged about 30 years, Son of Late Jaglal Chaudhary Resident of Village - Badi Nagla, P.S.- Malsalami, Distt - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No-2, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 31.01.2019 in connection with Special Case No.1142 of 2019 arising out of Malsalami P.S.Case No.45 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act.

The prosecution case as lodged by the police personnels is that during checking of vehicles they saw two motorcycles ridden by two persons. On seeing the police, they tried to flee away. One person fled away, the petitioner was apprehended and from search of the two motorcycles in two jute bags 95 litres of country made liquor was recovered.

Patna High Court CR. MISC. No.15024 of 2019(2) dt.13-03-2019 2/3 Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that the seizure list has not been prepared in compliance of Section 100 of the Cr.P.C. as it has not been received by the petitioner and also does not ascertain as to what quantity of illicit liquor was recovered individually from the motorcycle of the petitioner which falsifies the prosecution story. Petitioner undertakes to cooperate in the investigation and not to tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record as well as the period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No.1142 of 2019 arising out of Malsalami P.S.Case No.45 of 2019 to the satisfaction of learned Special Judge, Excise, Patna, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will

Patna High Court CR. MISC. No.15024 of 2019(2) dt.13-03-2019 3/3 file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T