Chotan Mushar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62417 of 2017 Arising Out of PS.Case No. -220 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Chotan Mushar, S/o Mangaru Mushar, R/o Village- Paltu Dehara, P.S.- Karagahar (Barahari), District- Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamla Kant Pandey, Advocate. For the Opposite Party/s : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Karagahar (Badhari) P.S. Case No. 220 of 2017 instituted for the offence under Sections 30(a) 34 of Bihar Prohibition and Excise Act. It is alleged that four litres of Mahua liquor has been recovered from the house of the petitioner.
The seizure list is enclosed with the First Information Report which does not bear signature either of this petitioner or any of his family members. As such, there is no recovery of any liquor from conscious possession of this petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six
Patna High Court Cr.Misc. No.62417 of 2017 (2) dt.21-12-2017 2/2 weeks from today, in connection with Karghar (Badhari) P.S. Case No. 220 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram, 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. (Sanjay Priya, J) S.Ali/- U T