Durgesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37717 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- BAGHA District- West Champaran ====================================================== DURGESH CHOUDHARY S/o Laxmi Choudhary R/o village- Sherwa, P.S.- Bagaha (Patkhauli), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bagaha P.S. Case No. 01 of 2019 registered for offence punishable under sections 272 and 273 of the Indian Penal Code and section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It has been alleged that 15 litres of liquor has been recovered and the name of this petitioner on confessional statement of co-accused.

Looking to the quantity of liquor and the petitioner having no criminal antecedent, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed

Patna High Court CR. MISC. No.37717 of 2019(2) dt.21-06-2019 2/2 to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Special Judge, Excise, West Champaran, Bettiah in connection with Bagaha P.S. Case No. 01 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.

(Shivaji Pandey, J) Mahesh/- U T