Patna High CourtCR. MISC./7567/2015bail granted

Anil Chaudhary @ Anil Kumar Chaudhary v. The State Of Bihar

2015-02-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7567 of 2015 (2) dt.26-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7567 of 2015 Arising Out of PS.Case No. -68 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSARAN ======================================================

1. Anil Chaudhary @ Anil Kumar Chaudhary S/o - Late Lalbabu Chaudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Excise Case No. 68 of 2014 registered for the offence punishable under Section 47 A of the Excise Act.

It appears that illicit liquor was recovered from a motorcycle and admittedly, petitioner was not caught on the spot nor the said recovery was made from his conscious possession. The contention on behalf of the petitioner is that the seized motorcycle belongs to brother of the petitioner and moreover, petitioner does not have any criminal antecedent. Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.7567 of 2015 (2) dt.26-02-2015 well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Excise Case No. 68 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T