Patna High CourtCR. MISC./28204/2020bail granted

Ajay Chaudhary v. The State Of Bihar

2020-12-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28204 of 2020 Arising Out of PS. Case No.-25 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ============================================== AJAY CHAUDHARY S/o Late Barho Chaudhary Resident of VillageBhusunda, P.S.-Muffasil, District-Gaya. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2020 Heard Mr. Prithvi Raj Singh, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 25/2020 dated 18.01.2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. It appears from the prosecution report that 1400 Kgs of mahua flower mixed with water for fermentation was recovered from the bank of a canal.

The recovery, it has been argued is not from the

Patna High Court CR. MISC. No.28204 of 2020(2) dt.04-12-2020 2/2 personal or constructive possession of the petitioner. One of the co-accused persons of this case, namely, Anil Choudhary has been granted anticipatory bail vide order dated 20.07.2020 passed in Cr. Misc. No. 18809 of 2020. Learned counsel for the petitioner submits that the petitioner has clean antecedents.

Considering the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya, in connection with Excise Case No. 25/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T