Patna High CourtCR. MISC./75960/2018bail granted

Barun Choudhary v. The State Of Bihar

2018-12-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75960 of 2018 Arising Out of PS. Case No.-480 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Barun Choudhary, Son of Late Laxman Choudhary. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 30A of the Bihar Prohibition and Excise Act, 2016.

Prosecution case alleges recovery of 60 liters country made Mahua.

It is submitted by the petitioner's counsel that the case of the prosecution is regarding recovery from a mango orchid. No recovery has been made from the petitioner and that he has falsely been implicated in this case. The seizure is not in accordance with law and the petitioner is in custody since 28.10.2018.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above

Patna High Court Cr.Misc. No.75960 of 2018(2) dt.17-12-2018 2/2 named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional District & Sessions Judge-cum-Special Judge Excise, Bhagalpur in Jagdishpur P.S. Case No. 480 of 2018 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U