Gorelal Chaudhary @ Gorelal Chadhary And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7646 of 2019 Arising Out of PS. Case No.-307 Year-2018 Thana- AKBARPUR District- Nawada ======================================================
1. GORELAL CHAUDHARY @ Gorelal Chadhary aged about 27 year, Male Son of Shyamdeo Chaudhary Resident of Village - Sonakhra, P.S. Akbarpur, District - Nawadah.
2. Santosh Chaudhary @ Sontosh Chaudhary, aged about 32 year, Male, Son of Munni Chaudhary @ Munilal Chaudhary Resident of Village - Sonakhra, P.S. Akbarpur, District - Nawadah.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dineshwar Prasad Singh For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the parties.
Petitioners seek bail in Akbarpur P.S. Case No. 307 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of total 150 litre of country made liquor from the bank of Sanokhara river. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Nothing has been recovered from their possession. The alleged
Patna High Court Cr.Misc. No.7646 of 2019(2) dt.20-02-2019 2/3 recovery of illicit liquor was made from the bank of river. Petitioners have got no criminal antecedent and petitioner no.1 is in custody since 29.12.2018 and petitioner no.2 is in custody since 30.12.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.D.J.II-cum-Special Judge, Nawadah in connection with Akbarpur P.S. Case No. 307 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.
(3) If the petitioners tamper 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
Patna High Court Cr.Misc. No.7646 of 2019(2) dt.20-02-2019 3/3 petitioners.
(4). If the petitioners is found involved in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bonds. (S. Kumar, J) manoj/- U T