Patna High CourtCR. MISC./80340/2018allowed

Dipu Chaudhary v. The State Of Bihar

2019-01-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80340 of 2018 Arising Out of PS. Case No.-402 Year-2018 Thana- RUPASPUR District- Patna ====================================================== Dipu Chaudhary S/o Late Mukhiya Chaudhary, Resident of Village- Lal Kothi P.S. Danapur Cantt, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Rupaspur PS Case No. 402 of 2018 for the alleged offence punishable under Section 379/411 of the Indian Penal Code and Section 37(b) (c) of the Bihar Prohibition and Excise Act. Learned counsel appearing for the petitioner submits that in the instant case petitioner was arrested on the allegation of taking liquor. In the past also, he was apprehended by the police on the same allegation. Petitioner is in custody since 18.09.2018.

It appears that petitioner is a habitual drunker and treatment for his rehabilitation is essential. Considering the

Patna High Court Cr.Misc. No.80340 of 2018(2) dt.28-01-2019 2/2 totality of the fact situation, the Court is inclined to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Rupaspur PS Case No. 402 of 2018 subject to the condition that on release the petitioner shall undergo compulsory treatment at Rehabilitation/De-addiction Centre and the petitioner shall report the court below after two months along with a certificate from the Centre that the petitioner has undergone treatment.

(Anil Kumar Upadhyay, J) mrl./- U T