Shambhu Chaudhary @ Shambhu Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82336 of 2019 Arising Out of PS. Case No.-18 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== SHAMBHU CHAUDHARY @ SHAMBHU KUMAR CHAUDHARY Son of Late Mahendra Chaudhary (Koku Chaudhary) Resident of Village - Islamnagar (Aliganj), P.S.- Chandradeep, Distt - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 47A of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 10 litres of country made mahua wine has been recovered from the house of the petitioner. He submits that the petitioner has been falsely implicated in this case and petitioner is working in Indian Railway, Mumbai. He submits that the said occurrence took place on 15.01.2016 but prosecution report has been sent to the court on 27.01.2016 and there is no explanation for the said

Patna High Court CR. MISC. No.82336 of 2019(2) dt.14-02-2020 2/2 delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition. In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to deposit of Rs. 500/- in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-2nd, Jamui in connection with Prosecution Report No. 18C2 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T