Santosh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77050 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== Santosh Chaudhary Son of Late Desai Chawdhry Resident of VillageShantinagar, ward no.6, P.S.-Chakiya, District-East Champaran at Motihari. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vibhakar Kumar, Advocate For the Opposite Party :

Mr.Arun Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

There is allegation of recovery of about 23 liters of foreign liquor from the open field.

Learned counsel for the petitioner submits that the petitioner is no way concerned with the recovery of liquor, as the same has not been recovered from his conscious possession. It is further submitted that the petitioner has got no criminal antecedent. The mandatory provision under Section 100 Cr.P.C. has not been followed at the time of seizure. Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX cum Special Judge Excise Act, East

Patna High Court CR. MISC. No.77050 of 2019(2) dt.17-02-2020 2/2 Champaran at Motihari in Chakiya Police Station Case No. 281 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T