Ram Chandra Chaudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25363 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Ram Chandra Chaudhry, S/o Late Sahan Chaudhry, R/o VillageMisharwallia, P.S.- G.B. Nagar, Dist- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2017 Heard Shri Suresh Pandey, learned advocate appearing on behalf of the petitioner and learned APP for the State.

The petitioner is seeking regular bail in connection with G.B. Nagar P.S. Case No. 91 of 2017 for the offences alleged under Sections 272, 273 and 308 IPC read with sections 36, 30, 34 and 38 of the Bihar Excise Act, 2016.

The prosecution case as alleged would show that a huge quantity of wine was allegedly being unloaded at the door of the petitioner through one pick up van. It is alleged that liquors as per the seizure list were recovered from the house of the petitioner and from the vehicle standing in front of the house. Learned counsel for the petitioner would submit that

Patna High Court Cr.Misc. No.25363 of 2017 (2) dt.06-06-2017 the petitioner has got no criminal antecedent and he resides in a joint family house from where the liquors have been allegedly recovered. He would submit that the liquors as per seizure list were neither seized from his conscious possession nor from any vehicle belonging to him. He is in custody since 31.3.2017. The learned APP opposed the prayer for bail and submits that the investigation is still going on. Considering the fact that the petitioner has no criminal antecedent and he claims that the house is a joint family house, balancing the considerations from both the sides in order to complete the investigation, I direct that the petitioner, namely, Ram Chandra Chaudhary, shall be released on bail only on completion of three months in custody upon furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Siwan in connection with G.B. Nagar P.S. Case No. 91 of 2017.

(Rajeev Ranjan Prasad, J) S.Sb/- U T