Tantan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17663 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Tantan Chaudhary S/o Lakhan Chaudhary, Resident of Village / Mohallah - Sarauni, P.S. - Kawakole, District - Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.Krishna Deo Raj, Advocate. For the Opposite Party/s : Mr.Pancha Nand. Pandit (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with G.O.(Excise) Case No.163 of 2015 for the offence alleged under Section 47 (A) of Bihar Excise Act.

The prosecution case, in brief, is that on receipt of the secret information the informant alongwith his excise officials and deputed other force raided the house of the petitioner and recovered 20 litres of illicit liquor kept in a plastic gallon and 15 pieces of plastic glasses. Accordingly, the same was seized and a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.17663 of 2016 (2) dt.28-04-2016 2/2 aforesaid case. It has further been submitted that the petitioner has no criminal antecedent and nothing has been recovered from his conscious possession. It has been submitted that small quantity of the liquor has been seized, he being first offender is entitled to be granted privilege of anticipatory bail.

However, learned Additional Public Prosecutor submits that the petitioner is named in the F.I.R., hence opposes the prayer for anticipatory bail of the petitioner. Be that as it may, let the petitioner, above named, in the event of his arrest/ surrender before the learned court below within a period of eight weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, Nawada, in G.O.(Excise)Case No.163/15 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Nilu Agrawal, J) AnilKrSinha/- U T