Patna High CourtCR. MISC./44397/2017bail granted

Sanjay Chaudhry v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.44397 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44397 of 2017 Arising Out of PS.Case No. -223 Year- 2017 Thana -PUNPUN District- PATNA ======================================================

1. Sanjay Chaudhry Son of Late Shambhu Choudhary, R/o Village- Potahi, P.S.- Punpun, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Rajeev For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Punpun P.S.Case No.223 of 2017, Special Case No.3094 of 2017 registered for offences punishable under Sections 30(a) and 37(B) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 60 ltrs. of liquor from a Car, by which the petitioner was traveling. Submission of the learned counsel for the petitioner is that nothing has been recovered from the conscious possession of the petitioner and three persons were travelling in the said car. The petitioner has no criminal antecedent and he has remained in custody for about 2 1⁄2 months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44397 of 2017 (2) dt.15-09-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VIII-cumSpecial Judge, Excise, Patna in connection with Punpun P.S.Case No.223 of 2017, Special Case No.3094 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T