Arun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12219 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== ARUN CHAUDHARY Son of Bihari Chaudhary, R/o Village - Bijaypur, P.S. - Pakribarawan, District - Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G. O. No. 21 of 2022 lodged under Section 30(a) (c) of Bihar Prohibition and Excise Act.

It has been alleged in the F.I.R. that total 30 litres country made liquor along with 450 kg. Jawa Mahua were recovered from the open place behind the back of the petitioner's house.

Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner and he was named in this case only due to the reason that from the place of recovery, the house of petitioner is very near. He further submits that petitioner is in custody since 09.01.2022, charge sheet has already been filed in this case and petitioner has clean antecedent.

Patna High Court CR. MISC. No.12219 of 2022(2) dt.30-06-2022 2/2 Learned A.P.P. opposes the prayer for bail.

In the present facts and circumstances of the case that the charge sheet has already been filed in this case and petitioner is in custody since 09.01.2022 having clean antecedent, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada in connection with G. O. No. 21 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. Accordingly, the bail application stands disposed of. (Dr. Anshuman, J.) ravishankar/- U T