Patna High CourtCR. MISC./12949/2016bail granted

Mahendra Chaudhary v. The State Of Bihar

2016-04-07Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12949 of 2016 Arising Out of PS.Case No. -274 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Mahendra Chaudhary S/o Pyare Chaudhary resident of village/Mohalla - Chamotha, P.S. Sirdala, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. M. Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-04-2016 Heard the Counsel for the petitioner and Mr. Dayal, APP for the State.

Petitioner is facing accusations punishable under section 47(A) of the Excise Act.

On search, 10 litres of country made wine as well as 300 kg. Jawa Mahua are said to have been recovered. In the process of recovery, Jawa Mahua got destroyed. Contention of the petitioner is that it is a common house where the recovery was made. He has no previous recorded antecedent of the case of this nature.

In the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with

Patna High Court Cr.Misc. No.12949 of 2016 (2) dt.07-04-2016 2/2 two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Nawada in G.O. (Excise) Case No. 274 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T