Muneshwar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23837 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== Muneshwar Choudhary S/o Late Mahendra Choudhary, aged about 76 years, Resident of Village- Nawada Khurd, Sudullahpur, P.S.- Ganga Bridge, Hajipur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s : Mr. P.N Parit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with C.B. Case No. 27 of 2016 registered for offences under sections 47(A) of the Excise Act.

As per First Information Report, the police has intercepted the petitioner who was carrying with him 90 liters of toddy on bicycle.

Learned counsel for the petitioner has submitted that he is a man of 76 years of age and it is not possible for the petitioner, who is at his advance age, to carry 90 litres of toddy in the bicycle.

Patna High Court Cr.Misc. No.23837 of 2016 (2) dt.31-05-2016 Looking to the nature of allegation, let the petitioner, namely, Muneshwar Choudhary, be released 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 Additional Chief Judicial Magistrate, Patna City in connection with C.B. Case No. 27 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Rishi/- U T