Jamun Chaudhary @ Jamuna Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50774 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jamun Chaudhary @ Jamuna Chaudhary, son of Late Mahabir Chaudhary, resident of village-Shyampur, P.S. Adapur, District-East Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar, Advocate For the Opposite Party : Mr. Satyavarat Verma, 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 judicial custody since 18.06.2016 in connection with Adapur P.S.Case No.84 of 2016 for offence alleged under Sections 272 and 273 of the IPC and Section 47(A) of the Bihar Excise Act, 2016.
The prosecution case is that the police on patrolling duty found the petitioner near the tempo stand carrying three cartoons of 120 bottles of sofi Nepali wine containing 30 ml. each. Accordingly, a seizure list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He further submits that the recovery was made from the tempo stand and petitioner is not concerned with the
Patna High Court Cr.Misc. No.50774 of 2016 (2) dt.24-11-2016 2/2 seized country wine. He further submits that he has no criminal history and chargesheet has already been submitted, hence there is no question of tampering with the evidence.
However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. Be that as it may, considering the custody of the petitioner, 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 SDJM, Raxaul, East Champaran in connection with Adapur P.S.Case No.84 of 2016/G.R.No.395 of 2016.
(Nilu Agrawal, J) B.Kr./- U T