Ravindra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36590 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -GORIAKOTHI District- SIWAN ====================================================== Ravindra Chaudhary Son of Medha Chaudhary, R/o Village- Ladhi, P.S>- Goriya Kothi, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raju Prasad For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 16.05.2017 in connection with Goriyakothi P.S. Case No. 97 of 2017 for offences punishable under Sections 272, 273 of the Indian Penal Code and 30, 36 of the Bihar Excise Act. The prosecution case, as lodged by the police personnel, is that during patrolling raid was conducted in a dilapidated house in front of the petitioner's house and 4.320 foreign liquor was recovered. Accordingly, the seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.36590 of 2017 (4) dt.24-08-2017 aforesaid case. Nothing has been recovered from his possession and he is in custody for more than 3 months.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is involved in one case earlier of similar offence.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Goriyakothi P.S. Case No. 97 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T