Ashok Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49973 of 2014 Arising Out of PS.Case No. -99 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ======================================================
1. Ashok Choudhary Son of Sitaram Choudhary Resident of Village - Rannuchak, P.S.-Nathnagar, Dist.-Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Excise P.S. Case No. 99 of 2014, registered for the offences punishable under Section 47(a) of the Excise Act.
Learned counsel for the petitioner submits that the alleged recovery has been indicated in Annexure-1 have been endorsed by one seizure list witness, who is an inimical terms with the petitioner and in fact no explanation is coming as to why the raid was conducted on 18.09.2014 and the matter was placed before the Court on 22.09.2014. Learned counsel for the petitioner submits that this Annexure casts a cloud on entire prosecution story.
Considering the aforesaid submissions and also the fact, there is no criminal antecedent of similar nature or
Patna High Court Cr.Misc. No.49973 of 2014 (2) dt.09-04-2015 any other criminal history, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Excise P.S. Case No. 99 of 2014, subject to the conditions as laid down under Section 438(2) of the Indian Penal Code.
(Anjana Mishra, J) P.K./- U T