Patna High CourtCR. MISC./34215/2019bail granted

Mangal Chaudhary @Ranjit Chaudhary v. The State Of Bihar

2019-05-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34215 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== MANGAL CHAUDHARY @RANJIT CHAUDHARY S/o Late Sarjug Resident of Village- Khiriyawan Kumhartoli, P.S.- Magadh Medical, DistrictGaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vinod Kumar, Advocate For the Opposite Party :

Asha Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 30(a)(d) of the Bihar Excise Amendment Act, 2016.

There is allegation of recovery of 2 liters of Mahua Flower from the house of the petitioner.

Learned counsel for the petitioner seriously disputes the search and seizure which has not been conducted as per the mandatory provisions under section 100 of the Cr.P.C. He submits that recovery is from a joint house of the family and not from the conscious possession of the petitioner. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.34215 of 2019(2) dt.27-05-2019 2/2 Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 the Special Excise Judge, Gaya/Court in seisin of Magadh Medical Police Station Case No. 79 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T