Patna High CourtCR. MISC./7626/2019bail granted

Baban Chaudhary @ Baban Chaudhari v. The State Of Bihar

2019-02-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7626 of 2019 Arising Out of PS. Case No.-235 Year-2018 Thana- GURUA District- Gaya ====================================================== Baban Chaudhary @ Baban Chaudhari, aged about 38 years (M), Son of Badho Chaudhary R/o village- Daulatpur, P.S- Gurua, District, Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Gurua P.S. Case No.235/18 registered for the offence punishable under Sections 272, 273 of the I.P.C. and Section 30(d) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 40 kg. Mahua flowers from a sack which was kept by the petitioner on his bicycle. It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case due to local politics. Petitioner is in custody since 22.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court CR. MISC. No.7626 of 2019(2) dt.26-02-2019 2/2 amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Gurua P.S. Case No.235/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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

(3) If the petitioner 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 petitioner.

(4) If the petitioner is 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) Sanjay/- U T