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Patna High CourtCR. MISC./20004/2022bail granted

Sanjay Kumar v. The State Of Bihar

2022-07-07Mr. Justice Alok Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16454 of 2022 Arising Out of PS. Case No.-875 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== AMARJIT CHAUDHARY S/o Siya Ram Chaudhary @ Siyaram Choudhari Resident of Gaighat, Police Station- Alamganj, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20004 of 2022 Arising Out of PS. Case No.-875 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== SANJAY KUMAR Son of Late Kailash Choudhary Resident of Mohalla - Sadikpur Machuatoli, P.S. - Alamganj, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20146 of 2022 Arising Out of PS. Case No.-875 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== DILIP KUMAR CHOUDHURY Son of Late Kailsah Choudhary Resident of Village - Mohalla - Sadikpur Machuatoli, P.S.- Alamganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 16454 of 2022) For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Md. Nazir Ansari (In CRIMINAL MISCELLANEOUS No. 20004 of 2022) For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.APP (In CRIMINAL MISCELLANEOUS No. 20146 of 2022) For the Petitioner/s :

Mr.Rudra Deo

2/4 For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-07-2022 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 petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Alamganj P.S. Case No. 875 of 2021 registered for the offences punishable under Section 30(a), 37(c) of Bihar Prohibition and Excise Act, 2020.

As per prosecution case, there is alleged recovery of 165 litre toddy from the shop of petitioners Dilip Kumar Choudhary and Sanjay Kumar. It is alleged that present petitioners and other are said to have served toddy to the customers. Petitioners and other were apprehended on the spot. Learned counsel for the petitioners submits that petitioners are in custody since 21.12.2021 and bear no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. It has been submitted on behalf of petitioner Amarjit Chaudhary that he was neither owner of the shop in question nor any toddy was recovered from his conscious

3/4 possession nor he was found in a drunken condition. Petitioner has falsely been implicated in the present case. Seizure list has not been made as per law.

It has been submitted on behalf of the petitioners Dilip Kumar Chaudhary and Sanjay Kumar that alleged recovery has been made from a government land and not from the shop of petitioners and petitioners do not have any concern with the alleged recovery.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioners, charge sheet has been submitted and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City, Patna in connection with Alamganj P.S. Case No. 875 of 2021, 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.

4/4 (ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioners tamper 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) shahzad/- U T