Dilip Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 61835 of 2018 Arising Out of Complaint Case No.- C-2/427 Year-2018 District- Sitamarhi ====================================================== Dilip Chaudhary Son of Baidhnath Chaudhary Residence of Village- Berbas, Police Station- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-10-2018 Heard Sri Pushpendra Kumar Singh, learned counsel for the petitioner and Mr. Mustaque Alam, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Complaint Case No. C-2/427 of 2018 registered for offence under Section 30(A) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. He further submits that in this case, recovery of country-made liquor was shown from a bamboo orchard, which was not belonging to the petitioner, and petitioner has falsely been made

Patna High Court Cr.Misc. No.61835 of 2018(3) dt.08-10-2018 2/2 accused.

Considering the fact that petitioner is having clean antecedent as well as the fact that nothing was recovered from conscious possession of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Dilip Chaudhary be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd cum Special Judge, Excise Act, Sitamarhi in connection with Complaint Case No. C-2/427 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T