Nago Chaudhary @ Nago Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10667 of 2018 Arising Out of PS.Case No. -433 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ====================================================== Nago Chaudhary @ Nago Choudhary S/o Late Janki Choudhary, R/o Village- Sitanabad Chauk Bazar Ward No.9, P.S.- Bakhtiyarpur, DistrictSaharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 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 Bakhtiyarpur P.S. Case No.433 of 2017 (Special Case No.591 of 2017) registered for the offence punishable under Section 30(a)(c)(d) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 2 litres of illicit country made liquor from the house of the petitioner. The learned counsel for the petitioner submits that no recovery has been effected from possession of the petitioner and moreover, the provisions of Section 100 Cr.P.C. has not been complied, hence the entire seizure list is itself doubtful. It is
Patna High Court Cr.Misc. No.10667 of 2018 (2) dt.27-02-2018 2/2 further submitted that the petitioner is having clean antecedent. Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the even 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 Additional Sessions Judge-II-cum-Special Judge, Saharsa in connection with Bakhtiyarpur P.S. Case No.433 of 2017 (Special Case No.591 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) N.H./- U T