Patna High CourtCR. MISC./28433/2017bail granted

Shivnandan Chaudhary v. The State Of Bihar

2017-07-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28433 of 2017 Arising Out of PS.Case No. -165 Year- 2017 Thana -BODHGAYA District- GAYA ====================================================== Shivnandan Chaudhary, son of Ganga Chaudhary, resident of VillageAmawan Bhuin Toli, P.S.- Bodh Gaya, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arvind Kumar Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.03.2017 in connection with Bodh Gaya P.S. Case No. 165 of 2017 for the offences alleged under Section 30(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 90 litres of Mahua liquor. Recovery of the offending goods from the possession of the petitioner is denied. It is submitted that there is only one other case of similar nature 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 26.03.2017 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 Special Judge, Excise, Gaya in connection with Bodh Gaya P.S. Case No. 165 of 2017 with the following conditions:

Patna High Court Cr.Misc. No.28433 of 2017 (2) dt.06-07-2017 2/2 (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) Md. Ibrarul/- U T