Jamun Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.24001 of 2017 (3) dt.04-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24001 of 2017 Arising Out of PS.Case No. -220 Year- 2016 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jamun Choudhary Son of late Mahabir Chodhary Resident of VilllageShyampur Bajar, P.S. Adapur, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Aadapur P.S. Case No. 220 of 2016 registered for the offences punishable under Sections 30 (a) and 38 of Bihar Prohibition Excise (Amendment) Act, 2016.

Allegedly, from the roof of the house of the petitioner ten pieces of Nepali liquor was recovered each containing 300 ml. Submission is of false implication and that the petitioner and his wife both have been made accused, nothing has been recovered from conscious possession of the petitioner, the petitioner was not arrested at the spot, he has voluntarily surrendered on 13.02.2017 and since then he is suffering in custody.

Patna High Court Cr.Misc. No.24001 of 2017 (3) dt.04-07-2017 Learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, East Champaran at Motihari in connection with Adapur P.S. Case No. 220 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T