Raju Chaudhary @ Raju Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46540 of 2016 Arising Out of PS.Case No. -177 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raju Chaudhary @ Raju Choudhry Son of Bishun Chaudhary Resident of Village-Kuawa, P.S.- Chakiya, District-East Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Umesh Chandra Verma, Advocate.
For the Opposite Party : Mr. Satyendra Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-01-2017 Heard both sides.
The petitioner apprehends his arrest in Chakia P.S. Case No. 177 of 2016, registered for the offences punishable under Sections 272, 273 and 290 of the Indian Penal Code and under Sections 47(a)/53 of the Bihar Excise Amendment Act, 2016. The informant, a police officer, on information raided the house of Binod Mahto situated at Ambedkar Nagar, Chakia and 700 liters of semi prepared country made liquor was recovered. It is further alleged that the petitioner had also come to purchase the country made liquor and to sale the same but after seeing the police the petitioner fled away.
Learned counsel for the petitioner submits that the house belongs to Binod Mahto. The petitioner has got no criminal
Patna High Court Cr.Misc. No.46540 of 2016 (3) dt.17-01-2017 2/2 antecedent and there is nothing on record to show that the petitioner deals in country made liquor. Some of the villagers, of course, disclosed the name of the petitioner and stated that the petitioner had come to purchase country made liquor from the house of Binod Mahto but police did not disclose the name of those persons.
Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the 13th Additional Chief Judicial Magistrate, Motihari, East Champaran in Chakia P.S. Case No. 177 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J.) KKSINHA/- U T