Gyani Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3288 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== GYANI CHAUDHARY Son of Mukhlal Chaudhary Resident of VillageMaksaspur, Police Station- Bypass T.O.P. (Jagdishpur), District- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-06-2022 Heard counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jagdishpur (Bypass) P.S. Case No. 257 of 2021 lodged under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. As per the allegation made in the F.I.R., the total recovery of 4.5 liters country made liquor were made in this case.

Learned counsel for the petitioner submits that charge sheet has already been filed in this case and petitioner is in custody since 03.11.2021. It has also been submitted on behalf of the petitioner that the antecedent of the petitioner is not clean and he is accused in two cases of similar nature which is mentioned in paragraph-3 of the bail petition but he is praying

Patna High Court CR. MISC. No.3288 of 2022(2) dt.09-06-2022 2/2 that in future such mistakes shall not take place and he shall not involve in such types of activities.

Learned A.P.P. has opposed the prayer for bail. Considering the facts of the case and after perusal of records as well as this aspect that charge sheet has already been submitted and petitioner is in custody since 03.11.2021, let the petitioner above named, be granted bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Bhagalpur in connection with Jagdishpur (Bypass) P.S. Case No. 257 of 2021.

The petitioner is directed to file an affidavit before the trial court that he shall not involve in such types of illegal activities in future at the time of furnishing his bail-bond. The prosecution is at liberty to file cancellation of bail, in case the petitioner violates his undertaking. (Dr. Anshuman, J) ravishankar/- U T