Patna High CourtCR. MISC./85429/2019bail granted

Binay Chaudhari @ Vinay Chaudhari v. The State Of Bihar

2020-01-07Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85429 of 2019 Arising Out of PS. Case No.-382 Year-2019 Thana- TEKARI District- Gaya ====================================================== BINAY CHAUDHARI @ VINAY CHAUDHARI Son of Basudeo Chaudhari Resident of Village - Raniganj, P.S.- Tekari, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 30(a) of Bihar Prohibition Excise Act, 2016 and sections 3, 5, 13 of Mahua Flower Act, 2006.

Having no criminal antecedent, petitioner is in custody since 24.10.2019.

It is submitted that allegation is based on alleged recovery of 28 Mahua liquor from joint family property of the petitioner. It is not from his conscious possession and recovery is not in accordance with law.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.85429 of 2019(2) dt.07-01-2020 2/2 bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Special Excise Judge, Gaya in Tekari P.S. Case no. 382/2019 subject to the following 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