Baban Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62501 of 2017 Arising Out of PS.Case No. -303 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Baban Choudhary, Son of Janeshwar Choudhary, Resident of villageManar (Planar Tola Buknapur), P.S.- Daudpur, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Daudnagar P.S. Case No. 303 of 2017 instituted for the offence under Sections 37(C) (D) of Bihar Prohibition and Excise Act, 2016 In the seizure list it is mentioned that Kismis, Mahua, and Molasses (Gur) mixed with Jawa weighing about 40 litres was recovered from the house of this petitioner but the seizure list does not bear signature either of this petitioner or any of his family members.

It is mentioned in paragraph-3 of the bail petition that petitioner has clean antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.62501 of 2017 (2) dt.22-12-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Daudnagar P.S. Case No. 303 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 VIIth-cum-Special Judge Excise, Aurangabad, 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