Patna High CourtCR. MISC./24768/2019bail granted

Sujay Mukherjee v. The State Of Bihar

2019-06-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24768 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== SUJAY MUKHERJEE Son of Sanat Mukherjee, Resident of Village - Mahavir Nagar Budha, P.S.- Dhansar, Distt.- Dhanbad, Jharkhand. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Ranjan For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2019 Heard learned counsel for petitioner and the State. The prayer for bail of the petitioner was earlier rejected by this Hon'ble Court vide order dated 4.10.2018 passed in Cr. Misc. no. 56513 of 2018 with direction to renew the prayer for bail after six months in the event no substantial progress is made in trial.

A report was called for from the Court below which has been received, wherein, it has been mentioned that charge has been framed against the petitioner and no witness has been examined.

Petitioner is in custody since 29.5. 2018.

It is alleged in the written report that total 891 litres of foreign liquor was recovered hidden in the pick-up van behind

Patna High Court CR. MISC. No.24768 of 2019(4) dt.19-06-2019 2/2 the bags of coconut. The petitioner is driver of aforesaid pick-up van.

Keeping in view period of custody already spent by petitioner and also the fact that no substantial progress has been made by the trial Court after framing of charge, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Bodh Gaya in connection with Bodh Gaya P. S. Case No. 325 of 2018, subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioner. (ii) The petitioner will remain present on every date of trial and absence of petitioner on two consecutive dates without valid reason will amount to cancellation of his bail bond. (iii) The petitioner will not try to tamper or intimidate the witnesses during trial.

(Sanjay Priya, J) shyambihari/- U T