Patna High CourtCR. MISC./59068/2017bail granted

Bhola Chaudhary @ Kankata v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59068 of 2017 Arising Out of PS.Case No. -638 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhola Chaudhary @ Kankata S/o Kashi Chaudhary, R/o Village- Balua Sabji Bazar Market, Gopalpur, P.S.- Town Motihari District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Turkaulia P.S.Case No. 638 of 2017 instituted for the offence punishable under Sections 30 (a)/36/38 of the Bihar Excise Prohibition Amendment Act, 2016.

The allegation is regarding recovery of 90 liters of Nepali illicit liquor from the possession of co-accused persons and upon confessional statement of c0-accused person, the petitioner has been roped in the present case.

Learned counsel for the petitioner submits that in fact the petitioner has been falsely implicated in the present case and

Patna High Court Cr.Misc. No.59068 of 2017 (2) dt.22-12-2017 2/2 he has clean antecedent. It is further submits that the petitioner is languishing in custody since 01.11.2017.

Considering the nature of accusation, period of custody undergone and clean antecedent, I deem it fit and appropriate to direct the release of the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge of Excise, Motihari in connection with Turkaulia P.S.Case No. 638 of 2017. (Mohit Kumar Shah, J) Sudha/- U T