Duniya Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80324 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- DHANSOI District- Buxar ====================================================== DUNIYA CHOUDHARY Son of Shivbhajju Choudhary Resident of Village - Parsada, P.S.- Dhansoi, Distt - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Dhansoi P.S. Case no. 135/2019 registered under section 30(a) of the Bihar Prohibition and Excise Act.

It is submitted by counsel for the petitioner that no recovery has been made from the petitioner. He further submits that recovery whatsoever made from abandon house of the petitioner is not in accordance with law. Petitioner is not residing at the premise from which recovery has been made as he has been residing separately since 2013.

House from which recovery has been made is a joint family property. In such circumstance, no case whatsoever is made out against the petitioner under Bihar Prohibition and Excise Act. Learned A.P.P. opposes the prayer by referring to section

Patna High Court CR. MISC. No.80324 of 2019(2) dt.06-12-2019 2/2 76(2) of the Act.

Considering the rival submissions for limited purpose of anticipatory bail, this court is inclined to accept the submission of counsel for the petitioner. Application is allowed. In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cum- Special Judge Excise, Buxar in Dhansoi P.S. Case no. 135/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T