Tufani Chaudhary @ Tufani Chaudhry v. The State Of Bihar

Patna High Court Cr.Misc. No.5456 of 2017 (2) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5456 of 2017 Arising Out of PS.Case No. -526 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Tufani Chaudhary @ Tufani Chaudhry Son of Late Ramayan Chaudhary, Resident of Village- Semra Purab Tola, Police Station and DistrictGopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Javed Aslam, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.12.2016 in connection with Gopalganj Town P.S. Case No. 526 of 2016, G.R. No. 203799 of 2016 for the alleged offences under Section 30(a) of the Bihar Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged preparation and selling of country made wine. It is submitted that the accusations are highly improbable inasmuch as, apart from the petitioner two other named accused and as many as 29 other unknown persons have been made accused in the FIR. The petitioner has already suffered more than one month in custody.

Patna High Court Cr.Misc. No.5456 of 2017 (2) dt.08-02-2017

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 526 of 2016, G.R. No. 203799 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates without sufficient reason, his bail bond will be liable to be cancelled by the Court concerned.

(Vikash Jain, J) Chandran/Ibrar U T