Prakash Prasad Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10356 of 2019 Arising Out of PS. Case No.-636 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== PRAKASH PRASAD CHAUHAN, son of Hari Pd. Chauhan R/O- Bheria Rahika, P.S. Katihar (s), District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 07.12.2018 in connection with Katihar C.I. Case No. 636 of 2018 for offences punishable under Sections 30(a) read with Section 13 of the Bihar prohibition and Excise Act.

The prosecution case, as lodged by the excise officials, is that on secret information that the petitioner is selling illicit liquor the house of the petitioner was raided and 47.640 litres of Indian made foreign liquor was recovered. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.10356 of 2019(2) dt.21-02-2019 2/3 the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. The house is a joint family property and petitioner cannot be attributed for the said offence. He further submits that petitioner undertakes to cooperate in the investigation and not to induce witnesses or tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the period of custody, let petitioner, above named, be enlarged 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 ADJII cum Special Judge, Katihar, in connection with Katihar C.I. Case No. 636 of 2018, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar

Patna High Court Cr.Misc. No.10356 of 2019(2) dt.21-02-2019 3/3 nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T