Bidya Nand Chaudhary @ Vidyanand Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82027 of 2019 Arising Out of PS. Case No.-255 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== BIDYA NAND CHAUDHARY @ VIDYANAND CHAUDHARY Son of Ganga Prasad Chaudhary @ Ganga Prasad Resident of Village - Balua Tol, Ward No.3, Near School, P.S.- Jainagar, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 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 Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Submission is that liquor was not recovered either from the possession of the petitioner or from the house of the petitioner rather it was recovered from one Doma Manjhi who disclosed to the police that he was carrying the liquor to give to the petitioner.

Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, in the

Patna High Court CR. MISC. No.82027 of 2019(2) dt.23-01-2020 2/2 event of his arrest or surrender before the Court below within a period of thirty days 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 court below where the case is pending in connection with Jainagar P.S. Case No. 255 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) mantreshwar/- U T