Rajesh Chaudhary @ Pintu Chaudhary @ Agho Chaudhary v. The State Of Bihar
Patna High Court Cr.Misc. No.52837 of 2016 (2) dt.07-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52837 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Rajesh Chaudhary @ Pintu Chaudhary @ Agho Chaudhary Son of Late Dona Chaudhari, Resident of Village - Vinoba Nagar, P.S. - Magadh Medical, District - Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Magadh Medical P.S. Case No. 98 of 2016 registered under Sections 47(a) (e) of the Bihar Excise Amendment Act. The accusation is that in course of raid of joint house of the petitioner and his brother Kamlesh Chaudhary, 10 liters of country-made liquor and some instruments for preparing the country-made liquor recovered.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the petitioner was not apprehended by the Police on the spot at the
Patna High Court Cr.Misc. No.52837 of 2016 (2) dt.07-12-2016 time of raid of the alleged house. In fact, the petitioner is a truck driver and used to reside in Jharkhand. Further, submission is that petitioner has also a valid license issued from the District Transport Officer, Latehar, Jharkhand and petitioner has no criminal antecedent.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of 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 C.J.M., Gaya in connection with Magadh Medical P.S. Case no. 98 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Rajendra Kumar Mishra, J) Shail/- U T