Patna High CourtCR. MISC./40963/2016bail granted

Anil Chaudhary v. The State Of Bihar

2016-09-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40963 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -GOVINDPUR District- NAWADA ======================================================

1. Anil Chaudhary son of Late Budhan Chaudhary Resident of VillageGovindpur Dihpar, P.S.-Govindpur District-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Govindpur Police Station Case No. 28 of 2016, disclosing offences under Sections 47 (a) (e) of the Bihar Excise (Amendment) Act, 2016.

From the house of the petitioner, 4 (four) litres of Mahua wine and certain articles, normally used for manufacture of country made liquor, were recovered by the Police.

Learned Counsel for the petitioner has submitted that in similar circumstance, other co-accused, Shankar Choudhary, from whose house, 6 (six) litres of Mahua wine was recovered, has been granted anticipatory

Patna High Court Cr.Misc. No.40963 of 2016 (2) dt.26-09-2016 2/2 bail by this Court vide order, dated 17.08.2016, passed in Criminal Misc. No. 30473 of 2016.

Considering the above submissions, this application is allowed.

Let the petitioner, Anil Chaudhary, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Govindpur Police Station Case No. 28 of 2016, subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √