Umesh Chaudhary @ Umesh Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39090 of 2017 Arising Out of PS.Case No. -188 Year- 2017 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Umesh Chaudhary @ Umesh Pasi, son of Jamuna @ Jamuna Pasi @ Jamuna Chaudhari, resident of village-Kathaiya, Near Mishra Petrol Pump, P.S.-Jagdishpur, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Nautan (Jagdishpur) P.S. Case No.188 of 2017 instituted for the offence under Section(s) Section 30-A/37 of the Bihar Prohibition & Excise Act, 2016.

Counsel for the petitioner has submitted that from the seizure list itself, it is apparent that recovery was made from the road going towards Shiv Mishra Petrol Pump, Mushahari Tola. There is no recovery from the conscious possession of the petitioner. It is mentioned in para 3 that the petitioner has clean antecedents.

From the written report, it will be apparent that

Patna High Court Cr.Misc. No.39090 of 2017 (8) dt.13-11-2017 2/2 occurrence is said to have taken place on 21.05.2017, but the First Information Report has been lodged on 23.05.2017. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Nautan (Jagdishpur) P.S. Case No.188 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, West Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.