Ashok Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13766 of 2021 Arising Out of PS. Case No.-165 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== ASHOK CHAUDHARY Son of Late Munshi Chaudhary Resident of Village - Sarangpur, P.S. - Ara (M), Dist. - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Excise Case No.767 of 2020 arising out of Ara (M) P.S. Case no.165 of 2020, registered for the offence under Section 30(a) of Excise Act. As per the prosecution case, 68 liter of country-made liquor has been recovered from the house of the petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner. Recovery has been made from the house which is in possession of joint family. Petitioner is in custody since 28.09.2020, charge sheet has been submitted.

Learned APP for the State has opposed the bail petition.

Considering the rival submission of the parties and

Patna High Court CR. MISC. No.13766 of 2021(2) dt.29-06-2021 2/2 quantity of liquor, and period of custody the bail petition of petitioner is allowed. Let the above named petitioner be released on 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 Sessions Judge-IVth, Bhojpur at Ara in connection with Excise Case No.767 of 2020 arising out of Ara (M) P.S. Case no.165 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(Prabhat Kumar Singh, J) Prakash Narayan /- U T