Shekhar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8895 of 2017 Arising Out of PS.Case No. -152 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictSARAN ====================================================== Shekhar Chaudhary S/o Late Hira Chaudhary @ Late Hira Lal Chaudhary, Resident of Village- Garkha, P.S.- Garkha, District- Chapra (Saran).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Murari Mishra, Advocate. For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.01.2017 in connection with Chapra Excise Case No. 152 of 2015 (Trial No. 1687 of 2016) for the offences alleged under Section 47(a) of the Bihar Excise Act.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 30 litres of Mahua liquor. Recovery of the offending goods from the possession of the petitioner is denied.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 11.01.2017 already suffered, 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, Saran at Chapra in connection with Chapra Excise Case No. 152 of 2015 (Trial No. 1687 of 2016) with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.8895 of 2017 (2) dt.01-03-2017 2/2 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. In case the petitioner is found to have indulged in similar activities hereafter, his bail bond shall be liable to be cancelled by the learned Court below. (iii) 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 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/BT U T