Ramayan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68141 of 2019 Arising Out of PS. Case No.-106 Year-2015 Thana- BARHARIA District- Siwan ====================================================== RAMAYAN CHAUDHARY Son of Late Ram Dyal Chaudhary Residence of Village- Barhan, Police Station- Siwan Mufasil, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard the parties.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barharia P.S. Case No. 106 of 2015, registered for the offence punishable under sections 272, 273, 308 and 34 of the Indian Penal Code and section 47(A) of the Bihar Prohibition and Excise Act, 2016.

As per allegation made in the F.I.R., 236 litres of IMFL and an amount of Rs. 11827/- is said to have been recovered in absence of the petitioner.

From the record it transpires that the alleged recovery has been made in the absence of the petitioner, who has no criminal antecedent.

Having gone through the record and having heard the

Patna High Court CR. MISC. No.68141 of 2019(3) dt.20-11-2019 2/2 learned APP for the State and taking into consideration the fact that no recovery has taken place from the conscious possession of the petitioner and he has no criminal antecedent, this Court is inclined to grant anticipatory bail to the petitioner and he is directed to surrender in the court below within a period of six weeks from today and in the event of his arrest or surrender, he shall 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 Additional Sessions Judge IInd-cumSpecial Judge Excise, Siwan in connection with Barharia P.S. Case No. 106 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T