Bachcha Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69807 of 2019 Arising Out of PS. Case No.-237 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Bachcha Chaudhari Son of Late Ramdeo Chaudhari, resident of - Chhapiya Buzurg, P.S. - Hussainganj, Dist. - Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Madhuri Lata For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Hussainganj P.S. Case No.237 of 2019, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

The accusation is that on receiving secret information about selling illicit liquor by the petitioner in village-Chhapiya behind his house near Kabristan beneath a Pipal tree, the informant along with police personnel reached at the house of the petitioner and saw that the petitioner was indulged in selling illicit liquor behind his house near Kabristan beneath a Pipal tree. On seeing the police party, the petitioner

Patna High Court CR. MISC. No.69807 of 2019(2) dt.27-11-2019 2/2 tried to flee away but he was apprehended on chase. On search, from that place, 14 bottles of 180 ml of Indian Make Foreign liquor were recovered in a bag.

Submission is that from the F.I.R. it appears that the petitioner was apprehended by the police on chase and the he has been made accused, since he was also accused in Hussainganj P.S. Case No.297 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act and due to that reason, the petitioner has been remanded in the present case falsely. The petitioner is in custody since 20.08.2019 in the present case.

Having considered the facts and circumstances of the case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-cum- Special Judge (Excise Act), Siwan in connection with Hussainganj P.S. Case No.237 of 2019.

(Rajendra Kumar Mishra, J.) nawalkrs/- U T