Patna High CourtCR. MISC./1375/2020bail granted

Baliram Chouhan v. The State Of Bihar

2020-01-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1375 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- RAJPUR District- Buxar ====================================================== 1.

BALIRAM CHOUHAN S/o Bharat Choudhan R/o village- Jamauli Nahar Dera, P.S.- Rajpur, Distt.- Buxar 2.

Dharmendra Chouhan S/o Ashok Chouhan @ Ashok Kumar R/o villageJamauli Nahar Dera, P.S.- Rajpur, Distt.- Buxar ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody seeks bail in a case registered under Section 30(a) of the Bihar Excise (Amendment) Act, 2018.

Allegation is recovery of 23.54 litres of foreign liquor from the vehicle of which petitioners were also the occupants. It has been submitted on behalf of petitioners that petitioners are innocent and have been falsely implicated in this case. Similarly placed co-accused have been granted bail by this Hon'ble Court vide order dated 14.01.2020 passed in Cr. Misc. No. 1802 of 2020. Petitioners have no criminal antecedents and

Patna High Court CR. MISC. No.1375 of 2020(2) dt.20-01-2020 2/2 are in custody since 22.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Rajpur P.S. Case No. 262 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(4) If petitioners are found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T