Nago Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52500 of 2018 Arising Out of PS. Case No.- Year- Thana- District- ====================================================== Nago Chaudhary, Son of Sharwan Chaudhary @ Shravan Kumar, Resident of Village- Mansagar, P.S.- Rupau, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kiran Sinha, Advocate.

For the Opposite Party/s :

Mr. Ahtash Ali Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise Case No.50 of 2010 registered under Section 47(a) of the Excise Act.

The accusation is that in course of raid by the officials of the Excise Department in village-Bhikhampur, 400.00 kilogram Jawa Mahua and 15.00 liters country made liquor, beheath near the canal, was recovered but in course of digging the soil, the alleged Jawa Mahua and country made liquor became damaged.

Learned counsel for the petitioner submits that it would appear from the prosecution report that the alleged Jawa

Patna High Court Cr.Misc. No.52500 of 2018(8) dt.05-02-2019 2/2 Mahua and country made liquor was seized on digging the soil near canal in village-Bhikhampur, while the accused persons succeeded to flee away. In fact, the petitioner has falsely been implicated in this case on mere suspicion. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge, Nawada, in connection with Excise Case No.50 of 2010, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T