Karu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3356 of 2017 Arising Out of Complaint Case No. -172 C2 Year- 2016 Thana -GOVT. OFFICIAL COMPLAINT CASE District- SEKHPURA ====================================================== Karu Chaudhary. Son of late Burhan Chaudhary, R/o Village - Siyani, P.S.- Karanday, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Rajendra Singh Shastriji, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Section 30(d) of Bihar Excise Amendment Act, 2016.

It has been submitted that 40 liters of molasses were recovered from a cattle shed of the petitioner. It is mentioned in the written report that the petitioner was not present at the place of occurrence. It has further been submitted that the informant has stated that after preparing the seizure list, one copy was pasted in the house. In this manner, the petitioner was not present at the place of occurrence.

From the written report itself it appears that seizure list was neither provided nor does the same bear the signature of

Patna High Court Cr.Misc. No.3356 of 2017 (2) dt.06-02-2017 2/2 any of the family members of the petitioner.

Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Complaint Case No. 172 C2 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T