Prakash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11225 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- ROH District- Nawada ====================================================== PRAKASH CHAUDHARY Gender-Male aged about 42 years Son of Late Kishun Chaudhary Resident of Village- Mushari Tola Roh, P.S.- Roh, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 42 Litre of country made liquor from the house of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. Nothing has been recovered from the possession of

Patna High Court CR. MISC. No.11225 of 2019(2) dt.14-03-2019 2/2 the petitioner. Petitioner has got no criminal antecedent and is in custody since 28.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Roh P.S. Case No. 148 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers 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 petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) ranjan/- U