Sunil Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.32341 of 2014 (2) dt.21-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32341 of 2014 Arising Out of PS.Case No. -142 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Sunil Choudhary Son of Naresh Choudhary Resident of Village- Sipah, P.S.- Deep Nagar, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Rekha Prasad For the Opposite Party/s : Mr. Ajay Kr. 2,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks anticipatory bail in a case registered for the offences punishable under Sections 279,273,272,290/34 of the Indian Penal Code read with Section 47(A) of the Excise Act. Learned counsel for the petitioner at the outset submits that the petitioner has been implicated in the case only on the basis of statement made by one Sanjeet Kumar who was arrested with 270 liters of liquor. She submits that the said Sanjeet Kumar is said to have stated before the officials that he used to supply liquor to the petitioner and three others.

She contends, at the same time, that no recovery has so far

Patna High Court Cr.Misc. No.32341 of 2014 (2) dt.21-01-2015 been made from the petitioner's possession. From the statement made in paragraph 3 of the application, I find that the petitioner is accused in two other cases of similar nature. However, in the facts and circumstances of the case, let the petitioner above named, in the event of his arrest/surrender within four weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Deep Nagar P.S. Case No. 142 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

In the event, the petitioner is found engaged or implicated in any other case of similar nature in future, the respondent State of Bihar shall be at liberty to approach this Court for cancellation of bail of the petitioner granted in the light of the present order. (Chakradhari Sharan Singh, J) ArunKumar/- U