Pappu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21025 of 2024 Arising Out of PS. Case No.-179 Year-2018 Thana- SULTANGANJ District- Patna ====================================================== Pappu Chaudhary S/o Late Bahadur Chaudhary @ Lalbabu Chaudhary R/o vill - Jarua Kala Nawada, P.S. - Ganga Bridge, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sultanganj P.S Case No. 179 of 2018 registered for the offences punishable under Sections 30(a) / 38 (I)41 (I) of Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, total 810 litre illicit liquor was recovered from a tempo.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.21025 of 2024(2) dt.19-03-2024 2/3 petitioner. On perusal of seizure list there is no independent witness. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It next submitted that one of the co-accused has been already granted bail by the Co-ordinate Bench of this Court vide order dated 04.10.2018 passed in Cr. Misc. No. 51588 of 2018. It is also submitted that petitioner is in judicial custody since 17.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City in connection with Sultanganj P.S Case No. 179 of 2018, subject to following conditions:

Patna High Court CR. MISC. No.21025 of 2024(2) dt.19-03-2024 3/3 (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the Court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Ramesh Chand Malviya, J) Mayank/- U T