Deonath Chaudhary @ Deonath Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11171 of 2015 Arising Out of PS.Case No. -257 Year- 2013 Thana -CHOUTARWA District- WEST CHAMPARAN(BETTIAH) ====================================================== Deonath Chaudhary @ Deonath Patel .... .... Petitioner

Versus

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

For the Petitioner : Mr. Brij Kishor Mishra, Advocate. For the Opposite Party : Mr. Md. Ashlam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 47(a) of the Excise Act.

It is alleged that the informant being the salesman in a government liquor shop stopped a motorcycle being driven by Suresh Choudhary and the petitioner was pillion rider but both managed to escape from the scene when they were carrying 25 liters of spirit kept in a tube on the motorcycle. It is submitted by learned counsel for the petitioner that the petitioner lodged Choutarwa P.S. Case No. 266 of 2013 at earlier point of time for snatching money and motor cycle from the petitioner. Though the informant himself is facing prosecution vide Dhanaha P.S.Case No. 184 of 2014 under the provisions of the Excise Act. A statement has been made in paragraph no. 3 of the

Patna High Court Cr.Misc. No.11171 of 2015 (2) dt.18-03-2015 2 / 2 petition that the petitioner has no criminal antecedent.

Considering the prosecution launched by liquor dealer who is facing prosecution at the hands of accused, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Chautarwa P.S. Case No. 257 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Bagaha, West Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T