Sunil Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.24627 of 2016 (2) dt.13-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24627 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -ATRI District- GAYA ======================================================

1. Sunil Chaudhary son of Lalo Chaudhary, resident of village-Chandaila, P.S.-Atri, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.06.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with a case registered under sections 272, 273 of the Indian Penal Code and 47(A) of the Excise Act.

Admittedly, neither petitioner was caught on the spot nor anything was recovered from his conscious possession. The alleged recovery appears to have been made from a field and the informant has not claimed in his written report that the seized illegal liquor belongs to the petitioner. Moreover, petitioner does not have any criminal antecedent. Accordingly, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of

Patna High Court Cr.Misc. No.24627 of 2016 (2) dt.13-06-2016 the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate II, Gaya in Atri P.S. Case no. 42/2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T