Patna High CourtCR. MISC./40883/2016bail granted

Shiva Choudhary v. The State Of Bihar

2016-10-24Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40883 of 2016 Arising Out of PS.Case No. -183 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Shiva Choudhary Son of Late Jagdish Choudhary resident of VillageBadgaon, P.S.- Fatehpur, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

24-10-2016 Heard Mr. Sheikh Arkan Ahmad, learned counsel for the petitioner and Smt. Asha Devi, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 09-07-2016 in Fatehpur P.S. Case No. 183 of 2016 registered for offence under Sections 272, 273, 34 of the Indian Penal Code, Section 47(A) (G) of Bihar Excise (Amendment) Act, 2016 and Sections 3, 5, 18 of Mahua Ful Act (corrected Bihar Mahua Flower Rules, 2006), has prayed for grant of bail. It was submitted by learned counsel for the petitioner that petitioner was falsely implicated in the present case and he is in custody since long.

Learned Addl. Public Prosecutor, by way of referring

Patna High Court Cr.Misc. No.40883 of 2016 (3) dt.24-10-2016 2/2 to case diary, submits that from the premises of the petitioner about 72 litres of country made liquor was recovered. Besides country-made liquor, some bags of mahua flowers were also recovered.

However, considering the nature of accusation, period of custody and clean antecedent of the petitioner, which has been stated in paragraph - 3 of the petition, let the petitioner namely Shiva Choudhary be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 183 of 2016.

(Rakesh Kumar, J.) Anay U T