Baithu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52448 of 2015 Arising Out of PS.Case No. -81 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Baithu Chaudhary Son of Late Ramphal Chaudhary, Resident of Village - Bhadeji, P.S. - Muffassil, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Adv. For the Opposite Party/s : Mr. A.M.P.Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecution for the State.

The petitioner apprehends his arrest in connection with Excise Case No.81 of 2015 for the offence punishable under Section 47A of Bihar Excise Act.

The allegation against the petitioner as reflecting from the complaint present at Annexure-1 is that about 1000 litres of illicit liquor at one place and 40 litres at another place was allegedly found buried and was recovered from the land belonging to the petitioner but in the process it was being taken out that it got spilled over. A sample was preserved and led to the institution of the case.

Having heard learned counsel for the parties and considering the nature of allegation, let the petitioner namely,

Patna High Court Cr.Misc. No.52448 of 2015 (2) dt.14-12-2015 2/2 Baithu Chaudhary in the event of their arrest/surrender within four weeks from today, be released on bail upon furnishing bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Excise Case No.81 of 2015 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

Bibhash/- (Jyoti Saran, J) U T