Patna High CourtCR. MISC./76761/2018bail granted

Dharmendra Kumar Choudhary @ Dharmendra Choudhary v. The State Of Bihar

2018-12-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76761 of 2018 Arising Out of PS. Case No.-591 Year-2018 Thana- BUXAR District- Buxar ====================================================== Dharmendra Kumar Choudhary @ Dharmendra Choudhary Son of Premnath Choudhary Resident of Village-Malah Chakiya,P.S. Buxar (M), Distt.-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Buxar (Town) P.S. Case No. 591/2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Allegation against petitioner is of recovery of 155.52 litres of foreign liquor from Bolero vehicle and Apache motorcycle.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is not owner of the alleged vehicle and he is in custody since 27.10.2018.

Patna High Court Cr.Misc. No.76761 of 2018(2) dt.20-12-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II cum Special Judge Excise Act, in connection with Buxar (Town) P.S. Case No. 591/2018 subject to the conditions that:-

(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 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 offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) veena/- U T