Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25322 of 2016 Arising Out of PS.Case No. -497 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Ajay Chaudhary, S/o Rajendra Chaudhry @ Rajo, resident of village/Mohallah- Janghaul, P.S.- Sirdala, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj, Advocate For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with G.O. (Excise) Case No.497 of 2015 for allegedly having committed the offence under Section 47(a) of the Bihar Excise Act.

It is submitted by the learned counsel for the petitioner that the present allegation is wholly misconceived as the recovery of 70 litres of illicit liquor has been made from the Pyne of the village and not from the conscious possession of the petitioner. It is further submitted that the petitioner has neither appended his signature on the seizure list nor he has been arrested from the place of occurrence and only on

Patna High Court Cr.Misc. No.25322 of 2016 (4) dt.12-08-2016 2/2 account of personal vendetta, his name has been brought in the present case.

In view of the aforementioned facts and circumstances and the nature of allegations made, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri N.K. Singh, Judicial Magistrate, First Class, Nawada, in connection with G.O. (Excise) Case No.497 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T