Sunil Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39075 of 2017 Arising Out of PS.Case No. -206 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Sunil Choudhary, Son of late Ram Chandra Choudhary, resident of Village-Berheta, P.S. Bahadurpur, District Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshman Lal Pandey, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in GO Case No.1011 of 2017 arising out of Bahadurpur P.S. Case No.206 of 2017 instituted for the offence under Section(s) Section 30-A of the Bihar Prohibition & Excise Act, 2016.

It is alleged that some liquor have been recovered from the library. Name of this petitioner has been mentioned in the written report merely on suspicion that he used to do such activities.

From the written report itself, it appears that there is no recovery from the possession of this petitioner. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.39075 of 2017 (8) dt.13-11-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bahadurpur P.S. Case No.206 of 2017 (GO Case No.1011 of 2017), he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T