Deepak Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71336 of 2019 Arising Out of PS. Case No.-139 Year-2017 Thana- BHANGWANPUR HAT District- Siwan ====================================================== DEEPAK CHAUDHARY Son of Late Ashok Chaudhary @ Ashok Choudhari Resident of Village - Purushotampur, P.S.- Janta Bazar, District- Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2019 This case has been taken up on priority basis considering the fact that it pertains to a citizen's liberty. Heard learned counsel for the parties.

This application for regular bail arises out of Bhagwanpur Hat P.S. Case No. 139 of 2017, disclosing the offence under Sections 272, 273, 308 of the Indian Penal Code and Sections 30(a)/ 41(i) of the Bihar Prohibition and Excise Act, 2016.

Petitioner is not named in the FIR. It is alleged in the FIR that when the police had attempted to stop a speeding motorcycle, the motorcycle rider managed to flee away leaving the motorcycle on the road itself. From the motorcycle, the police are said to have recovered 24 bottles of foreign liquor,

Patna High Court CR. MISC. No.71336 of 2019(3) dt.21-12-2019 2/2 each containing 180 ml. of liquor. On the allegation that the motorcycle belongs to this petitioner, he has been implicated in this case, which is being denied.

It appears from the statement made in paragraph 3 of the application that the petitioner has criminal antecedent and it is alleged that he is involved in same nature of cases. However, considering the fact that petitioner is in custody since 18.08.2019, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Additional District and Sessions Judge, 2nd, Siwan cum Special Judge, Excise, Siwan in Bhagwanpur Hat P.S. Case No. 139 of 2017. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T