Patna High CourtCR. MISC./26370/2015bail granted

Babudhan Choudhary v. The State Of Bihar

2015-07-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26370 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -NAWANGAR District- BUXAR ======================================================

1. Babudhan Choudhary son of Late Sushil Choudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272/273/420 of the Indian Penal Code and 47a of the Excise Act.

1500 sachets of illegal country made liquor were recovered from the pick-up van when the apprehended co-accused disclosed the name of Bharat Yadav as king-pin leading to search of Annpurna Rice Mill, from where 9200 sachets, each containing 200 ml. of country made liquor, spirit, two automatic machines, wrapper and sealing plastic and other equipments were seized. The petitioner is not named in the FIR though the FIR is registered against seven accused persons but the name of the petitioner sprang up during investigation as a person who installed the machines for manufacturing illicit liquor in the Annpurna Rice

Patna High Court Cr.Misc. No.26370 of 2015 (2) dt.22-07-2015 2/2 Mill.

It is submitted by learned counsel for the petitioner that neither there is any seizure from the petitioner nor the petitioner in any way connected either with alleged pick-up van or Annpurna Rice Mill, from where the seizures were made and the petitioner has never been accused in any case registered under Excise Act. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Buxar in connection with Nawanagar P.S. Case No.87 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T