Bishanu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19533 of 2020 ====================================================== Bishanu Chaudhary, Son of Late Jaglal Choudhary, resident of Bari Bangala (Bari Nagia), Patna City, Police Station - Malsalami, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh (APP) The proceeding of the court are being conduct through Video Conferencing and the Advocates joined the proceeding through Video Conferencing from their residence CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in connection with Karai Parsurai P.S. Case No, 144 of 2019 registered for the offence punishable under sections 30(a) of Bihar Excise Prohibition and Amendment Act, 2018 Earlier the bail of the petitioner was rejected vide order dated 26.11.2019 passed in Criminal Miscellaneous No. 75528 of 2019.

Allegation is recovery of 52 litters of country made liquor concealed in e-rikshaw upon which three accused persons including petitioner were travelling.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case only on basis of suspicion. Petitioner is in custody since

20.10.2019.

Learned counsel for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount in connection with Karai Parsurai P.S. Case No, 144 of 2019 to the satisfaction of learned court below where the case is pending, subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason, the trial court shall have liberty to cancel his bail bonds.

(2) 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.

(3) If the petitioner is found involved in similar nature of offence, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T