Sukhadhi Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17563 of 2022 Arising Out of PS. Case No.-407 Year-2021 Thana- BARUN District- Aurangabad ====================================================== SUKHADHI CHOUDHARY Son of Late Rambilash Choudhary Resident of Village - Dhamni Gola, P.s.- Barun, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Barun P.S. Case No. 407/2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, there is alleged recovery of total 500 liters Jawa Mahua from the hut of the petitioner which is situated in the Bank of Sone River near Dhamni Gola village and some utensils were also recovered for using in preparing liquor. The petitioner was not apprehended from the place of occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.17563 of 2022(2) dt.15-07-2022 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot. Nothing has been recovered from the conscious possession of the petitioner and the said recovered place does not belong to the petitioner. The petitioner has no concern with the seized liquor. The name of petitioner has transpired in this case on the instigation of local enemies. The petitioner is languishing in custody since 09.02.2022 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on the spot, charge sheet has already been submitted and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Aurangabad in connection with Barun P.S. Case No. 407/2021, subject to following conditions:-

Patna High Court CR. MISC. No.17563 of 2022(2) dt.15-07-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T