Satish Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18662 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Satish Chaudhary Son Of Baliram Chaudhary Resident Of Village- Semariya Jahaj Ghat, P.S.- Ribiliganj, District- Saran At Chapra. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-07-2022 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 in virtual court proceeding. The petitioner seeks bail in connection with Rivilganj P.S. Case No. 13 of 2022 registered for the offences punishable under Sections 30(a)/30(c) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of 150 litre foreign liquor from the house of the petitioner and he along with other co-accused is apprehended on the spot. Learned counsel for the petitioner submits that petitioner is in custody since 22.01.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and

Patna High Court CR. MISC. No.18662 of 2022(2) dt.22-07-2022 2/3 there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner further submits that petitioner is innocent and he has been falsely implicated in this case. Seizure list has not been made as per law. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence 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 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Rivilganj P.S. Case No. 13 of 2022, subject to following conditions:- (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

Patna High Court CR. MISC. No.18662 of 2022(2) dt.22-07-2022 3/3 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) sanjeev/- U T