Manohar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70822 of 2018 Arising Out of PS. Case No.-59 Year-2017 Thana- KAMTAUL District- Darbhanga ====================================================== Manohar Chaudhary, Son of Surya Narayan Chaudhary, Resident of VillageTatuara, P.S.- Manigachhi, District- Darbhanga (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava For the Opposite Party/s :

Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Kamtaul P.S. Case No. 59 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 88.920 Litres of foreign liquor from the house of Mihir Jha.

It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Mihir Jha who has already been granted bail by co-ordinate bench of this Court vide order dated 07.07.2017 in Criminal Miscellaneous No. 30463 of 2017. Petitioner is in custody since 04.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.70822 of 2018(2) dt.10-12-2018 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV-cum-Special Judge, Darbhanga, in connection with Kamtaul P.S. Case No. 59 of 2017, with following conditions:- (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 properly represented on each and every date fixed by the court.

(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. (4). 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 bond.

(S. Kumar, J) ranjan/- U