Basant Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49617 of 2016 Arising Out of PS.Case No. -189 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Basant Chaudhary Late Bali Chaudhary village- Partapur, P.S.- Sirdala, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lilawati Singh For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of G.O. Case No. 189 of 2016, disclosing offences under Sections 47(a) and (F) of Bihar Excise (Amendment) Act, 2016. It has been submitted on behalf of the petitioner that the said Excise Act is an old Act and the occurrence is of January, 2016.

It has been submitted on behalf of the petitioner that though 25 litres of liquor and 1800 kg of Mahua have been recovered from the place of the petitioner, the delay of about two months in submission of the seizure list before the Chief Judicial Magistrate, Nawada has occurred, as such the petitioner deserves

Patna High Court Cr.Misc. No.49617 of 2016 (2) dt.14-12-2016 the anticipatory bail.

Heard learned APP appearing for the State who could not controvert the delay of two months in submission of the seizure list before the Chief Judicial Magistrate, Nawada. Having heard both sides and considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with G.O. Case No. 189 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner will cooperate with the investigation of the case. (Vinod Kumar Sinha, J) A.I./- U T