Somnath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76538 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== SOMNATH CHOUDHARY Son of Chandeshwar Choudhary Resident of Village - Chandralaya, P.S.- Hajipur, Sadar, District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with C2A 122/2019 registered under Sections 30(A)/32 (3) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the illicit liquors have not been recovered from the shop of the petitioner, those were found in the bushes behind the shop of the petitioner.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein the illicit liquors have not been recovered from the shop of the petitioner and the allegation is that those were found in

Patna High Court CR. MISC. No.76538 of 2019(3) dt.06-03-2020 2/2 the bushes behind the shop of the petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II and Excise Court, Vaishali at Hajipur, in connection with C2A 122/2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T