Patna High CourtCR. MISC./61427/2019allowed

Balla Chaudhary v. The State Of Bihar

2019-10-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61427 of 2019 Arising Out of PS. Case No.-854 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== BALLA CHAUDHARY S/o Bipal Chaudhary @ Bifan Chaudhary @ Bipat Chaudhary R/o village- Kanhaiya Nagar, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Kumar Sinha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Phulwarisharif P.S. Case No. 854 of 2018 registered under Sections 30(a) of the Bihar Prohibition and Excise Act. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Petitioner has no criminal antecedent. Further submission is that on the perusal of paragraph no. 2 of the supplementary affidavit, it appears that the house from where the police seized the alleged liquor not belongs to this petitioner and due to local village politics, allegation has been levelled against this petitioner that the house belongs to this petitioner.

Patna High Court CR. MISC. No.61427 of 2019(2) dt.17-10-2019 2/2 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 Special Judge (Excise), Patna in connection with Phulwarisharif P.S. Case No. 854 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U T