Dara Chaudhary @ Diwakar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70555 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- DARIHAT District- Rohtas ====================================================== DARA CHAUDHARY @ DIWAKAR CHAUDHARY S/o Sri Sudama Chaudhary R/o village- Paruhar, P.S.- Darihat, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No 13 :
Mr. Rohit Kumar, Advocate For the Opposite Party/s :
Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Darihat P.S. Case No. 60 of 2019 for the offence under Section 30(a) of the Bihar Excise and Prohibition Act, 2018. Allegation against the petitioner is that in the instant case a total of 21.20 litres liquor was seized. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and the alleged liquor was seized from open space i.e. near the roadside of Primary School, Paruhar.
Considering the fact that the petitioner has no criminal antecedent and the liquor was seized from an open space, the Court is inclined to grant bail to the petitioner, in the event of
Patna High Court CR. MISC. No.70555 of 2019(3) dt.05-03-2020 2/2 arrest or surrender within four weeks from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional District and Sessions Judge-cum-Special Judge (Excise), Rohtas at Sasaram in connection with Darihat P.S. Case No. 60 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In the event in future, if the petitioner is found to be involved in any such activities, the Court below shall be at liberty to cancel his bail bonds.
Rishi Kumar/- (Anil Kumar Upadhyay, J) U T