Nilesh Chaudhary @ Bhundal Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.51726 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51726 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Nilesh Chaudhary @ Bhundal Chaudhary Son of Gahan Chaudhary resident of village Madanbigha, P.S.- Chandauti , District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate. For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for grant of anticipatory bail for the offences punishable under Sections 47(A)(F) Excise Act. The allegation is that 35 liters of Mahua wine and 1000/-Kg Jawa Mahua was recovered from the petitioner. It has been submitted on behalf of the petitioner that Annexure 7 shows that recovery is not from the conscious possession of the petitioner as the petitioner is resident of Madanbigha and the recovery was made from Simariya. It has further been submitted that the seizure list was prepared on 15.12.2014 and the same was sent to the Magistrate on 04.02.2015. Further it has been submitted that the petitioner has no

Patna High Court Cr.Misc. No.51726 of 2016 (2) dt.20-12-2016 criminal antecedent and has falsely been implicated in this case. In view of the submissions advanced by the learned counsel for the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 learned Judicial Magistrate 1st Class, Gaya/ in connection with Excise Case No. 25 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure also with condition that the petitioner shall cooperate with the investigation as well as in the trial. (Vinod Kumar Sinha, J) Prakash/- U T