Patna High CourtCR. MISC./28343/2017bail granted

Ganga Chaodhary v. The State Of Bihar

2017-07-13Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28343 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -LAHERI District- NALANDA (BIHARSHARIFF) ====================================================== Ganga Chaodhary, S/o Late Hira Choudhary, R/o Vill- Katrapar, P.S.- Bihar, Distt- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

13-07-2017 Heard Sri Amresh Kumar Sinha, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Laheri P.S. Case No. 160 of 2017 registered for offence under Sections 30 & 41 of the Bihar Excise Amendment Act, 2016, has prayed for grant of bail in the event of arrest or surrender. At the very outset, it was submitted by learned counsel for the petitioner that in this case, date of occurrence is 26-04-2017 when Bihar Prohibition and Excise Act, 2016 was already implemented, however; the informant, who is none else but the officer incharge, Laheri Police Station, has lodged F.I.R. as if the offence was committed in relation to contravention of provisions of Bihar Excise (Amendment) Prohibition Act, 2016.

Patna High Court Cr.Misc. No.28343 of 2017 (2) dt.13-07-2017 2/2 It was submitted by learned counsel for the petitioner that besides irregularity in the F.I.R., the petitioner has been made accused on the basis of confessional statement of one of the coaccused Ravi Kumar. Except confessional statement, there is no material against the petitioner to connect him with the case. Considering the material against the petitioner and nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Ganga Chaodhary be enlarged 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 Addl. District & Sessions Judge-cumSpecial excise Judge, Bihar Sharif, Nalanda in connection with Laheri P.S. Case No. 160 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) Anay U T