Sunil Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40735 of 2016 Arising Out of PS.Case No. -383 Year- 2016 Thana -SUPAUL District- SUPAUL ======================================================

1. Sunil Choudhary son of Heera Choudhary Resident of Ward No. 12, Nagar Parishad, Supaul. P.S.+District-Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Supaul P.S. Case No. 383 of 2016, disclosing offences under Section 47(a) and 51 of the Bihar Excise Act, 2016. From the house of the petitioner 1.80 litre of foreign liquor was recovered. It appears from the First Information Report that the petitioner was not there in the house when the raid was conducted and on the basis of the statement of co-accused Nutan Devi, wife of another coaccused Sujeet Choudhary, who is petitioner's brother, the petitioner has been implicated.

Considering the nature of allegation, this application is allowed. Let petitioner above-named in the

event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in Supaul P.S. Case No. 383 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/-c U