Sujeet Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24320 of 2022 Arising Out of PS. Case No.-260 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Sujeet Chaudhary Son Of Sita Chaudhary @ Sito Chaudhary R/O VillageBariyatand, P.S.- Sirdala, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rajauli P.S. Case No. 260 of 2021 registered for the offence under Section 30(a)(d) and 41 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is remanded in this case from Sirdala P.S. Case No. 223 of 2020 on 26.11.2021.

The allegation against the petitioner is to be engaged in illegal trade/manufacturing of illicit liquor, where, there is

Patna High Court CR. MISC. No.24320 of 2022(2) dt.08-07-2022 2/3 recovery of 80 litres of illicit country made mahua liquor, 5 thousand litres fermented illicit Jawa Mahua, etc. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of secret information and further nothing surfaced during course of investigation, which may connect the petitioner with the alleged recovery/manufacturing of the illicit liquor. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged recovery has not been made from physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Rajauli P.S. Case No. 260 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.24320 of 2022(2) dt.08-07-2022 3/3 learned Exclusive Special Excise Court No.2, Nawada, subject to the following conditions:

"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Sita Chaudhary, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T