Patna High CourtCR. MISC./79804/2018bail granted

Ashok Chaudhary v. The State Of Bihar

2019-01-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79804 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Ashok Chaudhary, son of late Shital Chaudhary, resident of village - Sariswa Bazar, P.S.- Majhaulia, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Majhaulia P.S. Case No. 138 of 2018 instituted for the offence under Section(s) 30(a) of the Bihar Prohibition and Excise Act, 2016.

Earlier, regular bail application filed on behalf of the petitioner was dismissed by order dated 29.11.2018 passed in Cr. Misc. No.66121 of 2018 with liberty to file fresh bail application.

Counsel for the petitioner has filed instant second application in compliance of the aforesaid direction of this Court.

Counsel for the petitioner submits that Police has recovered 35 litres country made liquor from the joint house of

Patna High Court Cr.Misc. No.79804 of 2018(2) dt.09-01-2019 2/2 Rajesh Chaudhary and this petitioner. Rajesh Chaudhary was present in the house and this petitioner managed to run away. It has been further submitted that the co-accused, Rajesh Chaudhary has already been granted bail by this Court vide order dated 06.10.2018 passed in Cr. Misc. No. 59268 of 2018.

Petitioner is said to be in custody since 21.07.2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let 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 the Special Judge, Excise, Bettiah, West Champaran, in connection with Majhaulia P.S. Case No.138 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- Rohit Kr.

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