Ajay Chaudhary @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52021 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- BALIYA District- Begusarai ====================================================== AJAY CHAUDHARY @ AJAY KUMAR, Son of Sanjay Choudhary Resident of Village - Ward No. 12, Chhoti Balia Bazar, P.S.- Balia, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Balia P.S. Case no. 108 of 2019, registered under Section 30(a) and 41(d) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, the informant received information about keeping of liquor in the house of Sanjay Chaudhary. The informant along with other Police personnel reached at the house of petitioner. On seeing the Police personnel, the petitioner and his father Sanjay Choudhary succeeded to flee away. On search, three bottles, each containing 750 ML Indian made foreign liquor recovered from the court yard of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.52021 of 2019(2) dt.21-08-2019 2/2 while it is alleged that the house of petitioner was search, but neither the copy of seizure-list was served to the family members of the petitioner nor signature of the family members of the petitioner was taken on the seizure list. The house, which is said to be searched is joint house of the petitioner. 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 Addl. Sessions Judge-IIcum-Special Judge, Excise Act, Begusarai in connection with Balia P.S. Case No. 108 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