Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22904 of 2020 Arising Out of PS. Case No.-55 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== AJAY CHAUDHARY, Son of Tunna Chaudhary, Resident of VillageHussainabigha, P.S.- Sarmera, Distt - Patna at present Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2020 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Sheikhpura P.S. Case No. 55 of 2020 (Excise Act case no. 64 of 2020) for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

In the instant case total 1 litre country made liquor was seized.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that the name of the petitioner surfaced in the instant case only because his motorcycle was used for carrying liquor. Considering the fact that the petitioner has got no criminal antecedent and also the fact that neither the petitioner

Patna High Court CR. MISC. No.22904 of 2020(2) dt.01-10-2020 2/2 was plying the vehicle carrying liquor nor liquor was seized from his possession, the petitioner named above, in the event of arrest or surrender before the court below within one month from the date of communication of this order, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Sheikhpura in connection with Sheikhpura P.S. Case No. 55 of 2020 (Excise case no. 64 of 2020) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that the petitioner shall deposit Rs.25,000/- (Twenty five thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.25,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

(Anil Kumar Upadhyay, J) uday/- U T