Patna High CourtCR. MISC./3031/2018bail granted

Mahavir Chaudhary v. The State Of Bihar

2018-02-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3031 of 2018 Arising Out of PS. Case No.-366 Year-2017 Thana- PATNA CITY CHOWK District- Patna ====================================================== Mahavir Chaudhary, Son of Chamru Chaudhary, resident of Muhalla- Dundi Bazar, Police Station- Chowk, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. KUMAR RANJIT RANJAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273, 274, 275, 284, 290/34 of the I.P.C. and Sections 30(a)(c)(d), 33, 34 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 45 liters toddy is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.11.2017 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in the present case as toddy is recovered from the

Patna High Court Cr.Misc. No.3031 of 2018(4) dt.20-02-2018 2/2 abandoned hut of the petitioner. It is alleged that 45 liters wine is recovered from a dilapidated hut of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Chowk P.S. case No.366 of 2017.

(Sudhir Singh, J) Narendra/- U T