Maheshwar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47014 of 2014 Arising Out of PS.Case No. -481 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Maheshwar Choudhary S/o Late Banshi Choudhary Resident of Village Bhatbigha, Police Station Nardiganj, District Nawada. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-04-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offence punishable under Section47(A) of the Excise Act and the fact that this is his first involvement, inasmuch as, he has also got no criminal antecedent, this Court would dorect that if the petitioner namely, Maheshwar Choudhary, surrenders within a period of four weeks from today, he would 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 A.C.J.M. Nawadah in connection with G.O. Case No. 481 of 2014, subject to the conditions laid down under Section- 438 (2) Cr. P.C and

Patna High Court Cr.Misc. No.47014 of 2014 (2) dt.23-04-2015 also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that they will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail

Patna High Court Cr.Misc. No.47014 of 2014 (2) dt.23-04-2015 will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U