Patna High CourtCR. MISC./29390/2019bail granted

Pappu Chaudhary v. The State Of Bihar

2019-05-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29390 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- CHEWARA District- Sheikhpura ====================================================== PAPPU CHAUDHARY, Male, 40 years, S/o Krishana Chaudhary R/o Chewara, Chaudhary Tola, P.S.- Chewara, District- Sheikhpura ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajit Kumar, Adv.

For the Opposite Party :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Excise Case No. 122 of 2019 arising out of Chewara P.S. Case No. 13 of 2019 for the offences alleged under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the Excise Officials, is that on secret information the house of the petitioner was searched and from the house five liters of country made liquor and one earthen pot for preparation of country made wine was recovered. The petitioner was apprehended on the spot. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court CR. MISC. No.29390 of 2019(2) dt.13-05-2019 2/2 been sufficiently punished as he is languishing in judicial custody since 07.04.2019.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 122 of 2019 arising out of Chewara P.S. Case No. 13 of 2019 to the satisfaction of the learned Additional District & Sessions Judge II, Sheikhpura, or the successor Court.

(Nilu Agrawal, J) Shamshad/- U T