Patna High CourtCR. MISC./27362/2017bail granted

Madhav Choudhary v. The State Of Bihar

2017-07-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.27362 of 2017 (3) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27362 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ====================================================== Madhav Choudhary, Son of Late Brahamdeo Choudhary, Resident of Mohalla- Kutubganj, P.S.- Babbarganj, District- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Dr. Manoj Kumar, Advocate. 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 21.03.2017 in connection with Babarganj Spl. P.S. Case No. 3 of 2017 for the offences alleged under Section 37(b) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated and has found in drunken state. It is further submitted that there is only one other case of different nature in which the petitioner 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 21.03.2017 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 4th Additional District Judge, Bhagalpur in connection with Babarganj Spl. P.S. Case No. 03 of 2017 with the following conditions:

Patna High Court Cr.Misc. No.27362 of 2017 (3) dt.06-07-2017 (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