Tuntun Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50777 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Tuntun Choudhary, son of Late Mahabir Choudhary, resident of villageMohammadpur Majhhaulia, P.S. Rajepur, District-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar Mishra, Advocate For the Opposite Party : Mr. Sri Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in custody since 22.08.2016 in connection with Rajepur P.S.Case No.107 of 2016 for offence alleged under Sections 47(A), 53(C) and 54 of the Bihar Excise Act.

The prosecution case is that the police during patrolling found two persons including the petitioner selling country made wine and seized three litres of the said liquor. It has been submitted by the learned counsel for the petitioner that he has no criminal antecedent and that he has falsely been implicated and chargesheet has already been submitted against him.

However, learned APP for the State submits that the

Patna High Court Cr.Misc. No.50777 of 2016 (2) dt.24-11-2016 2/2 petitioner is named in the FIR, hence opposes the prayer for bail. From the materials available, it appears that chargesheet has already been submitted and the petitioner's detention in custody would not adversely affect his trial. Thus, in the interest of justice and considering the period of custody, let the above named petitioner 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 learned CJM, Motihari, East Champaran in connection with Rajepur P.S.Case No.107 of 2016. (Nilu Agrawal, J) B.Kr./- U