Karu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51311 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -HALSI District- LAKHISARAI ======================================================

1. Karu Chaudhary S/o Tulsi Chaudhary, R/o Village- Pratappur (Punadhi), P.S.- Halsi, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Halsi P.S. Case No. 87 of 2017 instituted for the offence under Sections-272, 273, 290 of the Indian Penal Code and Sections-30(a), 38(1)(2) of Excise Act, 2016. It is alleged in the written report that eight litres Mahua illicit liquor and 30 litres of Jaba Chhoba was recovered from the house of this petitioner.

The seizure list is enclosed with the written report which does not bear signature either of the petitioner or any of his family members. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date

Patna High Court Cr.Misc. No.51311 of 2017 (3) dt.10-11-2017 of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Halsi P.S. Case No. 87 of 2017 to the satisfaction of Additional District & Sessions Judge-cumSpecial (Excise) Judge, Lakhisarai subject to condition as laid down u/S 438(2) of the 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.

(Sanjay Priya, J) A.K.V./- U T