Kailash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74776 of 2018 Arising Out of PS. Case No.-280 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== Kailash Chaudhary son of Aamo Chaudhary, resident of Village- Fulwaria, P.S. Rajauli, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Rajauli P.S. Case No.280 of 2018 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the First Information Report, allegation against the petitioner is that on seeing the police party he had fled away. Learned counsel for the petitioner submits that the petitioner in the present case is having no criminal antecedent, he has been falsely implicated saying that he had fled away on seeing the police party. There is no recovery of illicit liquor from his possession.

Learned APP for the State is present and has opposed

Patna High Court Cr.Misc. No.74776 of 2018(2) dt.20-12-2018 2/2 the prayer for bail.

In the given facts and circumstances where it is the submission of the petitioner that he was not caught with any illicit liquor, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned A.D.J.-IIcum-Special Judge, Nawada in connection with Rajauli P.S. Case No.280 of 2018 Subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of his bail bond. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T