Rampujan Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17828 of 2017 Arising Out of PS. Case No. -110 Year- 2016 Thana -MARHAURA District- SARAN ====================================================== Rampujan Choubey son of late Dharmnath Choubey, resident of village Pithouri, P.S. Baniyapur, District Saran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.01.2017 in connection with Morhowrah (Gaura OP) P.S. Case No. 110 of 2016 for the offences alleged under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 70 litres of country made liquor. Recovery of the offending goods from the possession of the petitioner is denied. Statement is made at the Bar on instructions that the petitioner is on bail in respect of other prior case, namely, Morhowrah (Gaura OP) P.S. Case No. 350 of 2015 in which he has been made accused.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 25.01.2017 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 Additional Chief Judicial Magistrate-II, Saran at Chapra in

Patna High Court Cr.Misc. No.17828 of 2017 (2) dt.11-04-2017 2/2 connection with Morhowrah (Gaura OP) P.S. Case No. 110 of 2016 with 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) 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) B.T/Chandran U T