Soni Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.527 of 2017 Arising Out of PS.Case No. -200 Year- 2016 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== Soni Chaudhary S/o late Ram Nath Choudhary Resident of VillageSunderganj, P.S. Rohtas, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 06.11.2016 in connection with Rohtas P.S. Case No. 200 of 2016 registered for the offence punishable under Sections 30(a) (d), 32(2) (3), 36 and 38 of the Bihar Excise (Amendment) Act, 2016. The prosecution case is that the police personnel on secret tip-off raided the premises of the petitioner, but found nothing. Thereafter, police personnel along with the petitioner raided the house of one Daroga Singh and in his house under the stock of straw some mahua seeds, utensils and jaggery used for preparation of mahua wine as also 30 litres of mahua wine were recovered.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.527 of 2017 (2) dt.16-01-2017 2/2 petitioner that he is innocent, nothing has been recovered from his conscious possession or his house and he has been falsely implicated in the aforesaid case just because he has criminal antecedent.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Kavindra Kumar, learned Judicial Magistrate 1st Class, Dehri-on-sone, District Rohtas in connection with Rohtas P.S. Case No. 200 of 2016. It is made clear that since the petitioner is also accused in a number of similar nature of cases, as such, in future, if he is found to have indulged in similar nature of offence, learned Court below will be at liberty to cancel his bail bonds without being prejudiced with this order.

(Nilu Agrawal, J.) Arjun/- U T