Patna High CourtCR. MISC./25309/2016bail granted

Mahendra Chaudhary v. The State Of Bihar

2016-06-15Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25309 of 2016 Arising Out of PS.Case No. -56 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictJEHANABAD =========================================================== Mahendra Chaudhary, Son of late Banbari Chaudhary, Resident of Village - Nayatola, PS Jehanabad, District Jehanabad .

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 15-06-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Excise Case No. 56 of 2016 dated 20.05.2016 instituted under Section 47A of the Excise Act. The allegation against the petitioner is of possessing 40 litres of toddy, which has been prohibited.

Learned counsel for the petitioner submits that though there is allegation of recovery of 40 litres of toddy, but the same was not found from the conscious possession. It is further submitted that the petitioner, having clean antecedent, is in custody since 20.05.2016.

Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and

Patna High Court Cr.Misc. No.25309 of 2016 dt.15-06-2016 2/2 submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in Excise Case No 56 of 2016, subject to the condition that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J) Sujit/Ravi U