Patna High CourtCR. MISC./48136/2023bail granted

Fultun Chaudhary @ Fultun Sahni v. The State Of Bihar

2023-07-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48136 of 2023 Arising Out of PS. Case No.-440 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Fultun Chaudhary @ Fultun Sahni Son Of Late Yogi Sahni Resident Of Village - Suratpur, Ward No. 13, P.S. - Samastipur Mufasil, Distt. - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 10 litres of liquor from a pot found behind the house of petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on suspicion as alleged recovery was made

Patna High Court CR. MISC. No.48136 of 2023(2) dt.27-07-2023 2/2 from a place adjacent to his house and the place is an open space, which is accessible to public at large.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-01, Samastipur in connection with Samastipur Mufassil P. S. Case No.440 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T