Patna High CourtCR. MISC./11542/2020bail granted

Shiv Bachan Chaudhary v. The State Of Bihar

2020-10-14Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11542 of 2020 Arising Out of PS. Case No.-425 Year-2019 Thana- DUMRAO District- Buxar ====================================================== SHIV BACHAN CHAUDHARY Son of Late Debu Choudhary @ Renu Choudhary Resident of Village - Purana Bhojpur, P.S.- Dumraon (New Bhojpur), District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Singh, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioner is in custody since 08.12.2019 in connection with Dumraon P.S. Case No. 425 of 2019 (Excise G.R. No. 1155 of 2019) for the alleged offences under Sections 30(a), 30(c) and 37(2) of the Bihar Prohibition and Excise Act, 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 4 pieces of 180 ml. each of English wine from his shop. It is submitted that other coaccused persons have been granted bail by the learned Court below itself. The petitioner has already suffered custody of over 10 months since 08.12.2019.

4. Learned APP refers to para 3 of the petition according to which the petitioner is accused in two prior cases of similar

Patna High Court CR. MISC. No.11542 of 2020(5) dt.14-10-2020 2/2 nature.

5. Be that as it may and having regard to the period of custody already suffered since 08.12.2019, let the petitioner above named be released on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-IIcum-Special Judge, Excise, Buxar in connection with Dumraon P.S. Case No. 425 of 2019 (Excise G.R. No. 1155 of 2019), if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court (Vikash Jain, J) Chandran/- U T