Sohray Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37997 of 2018 Arising Out of PS. Case No.-78 Year-2018 Thana- Chandi District- Nalanda ====================================================== Sohray Chaudhary, Son of Babuchand Chaudhary, Resident of Village- Judi Jaitipur, P.S.- Chandi, District- Nalanda.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Ansarul Haque, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-07-2018 Heard Sri Deepak Kumar, learned counsel for the petitioner and Mr. Md. Ansarul Haque, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Chandi P.S. Case No. 78 of 2018 registered for offence under Sections 30(a), 30(d) of the Bihar Prohibition & Excise Act, 2016, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner, by way of referring to the statement made in paragraph -3 of the petition, submits that petitioner is having clean antecedent. He has further referred to the F.I.R. and submits that nothing was recovered either from the possession of the petitioner or his field, rather in this case, from the field of one another person, there was recovery of 45 litres of under prepared country-made liquor and

Patna High Court Cr.Misc. No.37997 of 2018(2) dt.04-07-2018 2/2 the petitioner has been arrayed as accused, as if, some of the villagers disclosed the name of the petitioner. He submits that in the F.I.R., it has not been indicated as to who was the person who disclosed the name of the petitioner.

Be that as it may, I have perused the material on record and after going through the same and considering the nature of accusation as well as the fact that the petitioner is having clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Sohray Chaudhary 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 A.D.J. VI- cumSpecial Judge (Excise), Nalanda at Biharsharif in connection with Chandi P.S. Case No. 78 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T