Rajesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33149 of 2021 Arising Out of PS. Case No.-222 Year-2020 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

RAJESH CHOUDHARY Son of Surendra Choudhary Resident of Village - Bharauli, P.S.- Marhi, District - Balia (U.P.) 2.

Nar Singh Choudhary Son of Bharat Choudhary Resident of Village - Sath Ke Dera (Umarpur), P.S.- Buxar (Ind), District - Buxar (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Akhilesh Kumar Pandey, Adv For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-06-2021 Heard learned counsel for the parties.

Petitioners who are in custody seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioners is of smuggling illicit liquor from boat along with FIR named accused. It has been submitted on behalf of petitioners that they are innocent and have been falsely implicated in this case on mere suspicion only. Nothing has been recovered from the possession of the petitioners. Petitioners have got no criminal antecedent and are in custody since 30.12.2020.

Patna High Court CR. MISC. No.33149 of 2021(2) dt.15-06-2021 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Buxar (Ind) PS Case No. 222 of 2020, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners 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 petitioners.

(4). If the petitioners are found involved in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bonds. (S. Kumar, J) ranjan/- U