Patna High CourtCR. MISC./52496/2019bail granted

Nandan Chaudhary v. The State Of Bihar

2019-08-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52496 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== NANDAN CHAUDHARY Son of Geni Chaudhary Resident of Village - Vishunpurwa, P.S.- Bathbadiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chautarwa P.S. Case no. 136 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, one person was seen in suspicious condition on motorcycle then he was apprehended, who disclosed his name Rajendra Chaudhary and on search of the motorcycle, 85 pouches each containing 180 ML Indian made foreign liquor recovered. Rajendra Chaudhary also disclosed about carrying of alleged liquor to supply the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.52496 of 2019(2) dt.22-08-2019 2/2 petitioner had not been apprehended on the spot, rather, his name come in the confessional statement of Rajendra Chaudhary, who is said to be apprehended on the spot. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, West Champaran, Bettiah in connection with Chautarwa P.S. Case No. 136 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T