Boll Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72546 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- CHAORI District- Bhojpur ====================================================== BOLL CHAUDHARY S/o Guna Chaudhary R/o village- Babu Bandh Bind Toli, P.S.- Chauri, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Premchandra Yadav For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chauri P. S. Case No. 131 of 2019 dated 18.08.2019 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears that 10 litres of country made liqour has been recovered from the bamboo orchard which does not belong to the petitioner.

The petitioner has clean antecedent.

The aforesaid two facts indicate that the offence

Patna High Court CR. MISC. No.72546 of 2019(2) dt.11-12-2019 2/2 under the Bihar Prohibition and Excise Act, 2016 is not made out against the petitioner.

For the aforesaid reasons, the petition is allowed.

The petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge cum Special Excise Act, Bhojpur at Ara in connection with Chauri P. S. Case No. 131 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U