Patna High CourtCR. MISC./24222/2016bail granted

Raja Ram Choudhary v. The State Of Bihar

2016-06-01Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24222 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictLAKHISARAI ====================================================== Raja Ram Choudhary son of late Somar Choudhary Resident of Village Kaindi, P.S. Halsi, District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Anzarul Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Case No. 81C2 of 2016 registered for offences under sections 47(a) & (e) of the Excise Act. As per allegation, the Excise Department raided the house of the petitioner and from just beside the house of the petitioner, fermented Jawa Mahua, kept in two soil pot each containing 10 Kg., besides one plastic gallon containing Mahua liquor were recovered.

Learned counsel for the petitioner has submitted that it is not his land from where recoveries were made. The petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.24222 of 2016 (2) dt.01-06-2016 Looking to the facts and circumstances of the case, let the petitioner, namely, Raja Ram Choudhary, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Case No. 81C2 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Rishi/- U T