Subhash Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.2342 of 2017 (2) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2342 of 2017 Arising Out of PS.Case No. -287 Year- 2016 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Subhash Chaudhary, S/o Late Banshi Chaudhary, resident of village Mananpur, P.S. Govindganj, District - East Champaran at Motihari. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambuj Nayan Chaubey, Advocate. For the Opposite Party/s : Mr. Sri Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Govindganj P.S. Case No. 287 of 2016, registered under Sections 30, 37 and 38 of the Bihar Excise Act, 2016.

On receiving secret information about selling of illicit Toddy in the fair of Govindganj, police reached there. On seeing the police personnel, two persons found present near the hut, who started to flee away, but on chased, one was apprehended, who disclosed his name as Vijay Pandey. On search, 20 litres of toddy in the plastic gallon recovered from the hut. Vijay Pandey also disclosed the name of this petitioner, who succeeded to flee away.

Patna High Court Cr.Misc. No.2342 of 2017 (2) dt.08-02-2017 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, in connection with Govindganj P.S. Case No. 287 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T