Pradeep Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18853 of 2021 Arising Out of PS. Case No.-417 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== Pradeep Chaudhary aged about 45 years, Male, S/o Dhuri Chaudhary @ Dhari Chaudhary Resident of Kujalahi, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Anil Kumar Singh 1 A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Paharpur P.S. Case No. 417 of 2020, registered for the offence under Sections 30(a), 33, 34, 36, 21 of Bihar Prohibition and Excise Act. Total 5040 liters of spirit has been recovered from the house of co-accused Laxman Sah and this petitioner alongwith co-accused Rakesh Prasad were apprehended on the spot. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the house of co-accused Laxman Sah and petitioner has been arrested only on suspicion. Petitioner claims clean antecedent and he is in custody since

Patna High Court CR. MISC. No.18853 of 2021(2) dt.09-07-2021 2/2 10.11.2020 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation 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 II cum Special Judge, Excise, Motihari, East Champaran in connection with Paharpur P.S. Case No. 417 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.) anay U T