Patna High CourtCR. MISC./9855/2018allowed

Suresh Chaudhary v. The State Of Bihar

2018-02-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9855 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -NAUHATTA District- SAHARSA ======================================================

1. Suresh Chaudhary S/o Late Singheshwar Chaudhary, R/o villageNauhatta , P.S.- Nauhatta & District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nauhatta P.S. Case No. 177 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The allegation is regarding recovery of 10.8 liters of illicit liquor from the abandoned and locked house of the petitioner. The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor the provisions of Section 100 Cr.P.C. has been complied with while seizing the articles. The petitioner is said to be having a clean antecedent.

Patna High Court Cr.Misc. No.9855 of 2018 (2) dt.28-02-2018 2/2 Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-cumAdditional Sessions Judge-II, Saharsa in connection with Special Case No. 441 of 2017 corresponding to Nauhatta P.S. Case No. 177 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T