Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39615 of 2021 Arising Out of PS. Case No.-112 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Ajay Chaudhary Son of Mathari Choudhary Resident of Village- Govindpur Dih, P.S.- Govindpur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-10-2021 Heard learned counsel for the parties.

The petitioner seeks bail in G.O. Case No. 112 of 2021, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

90 liters of illicit country-made liquor has been recovered from the motorcycle of the petitioner and this petitioner, who was owner of the motorcycle, was arrested on the spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. In fact, petitioner was falsely implicated by the police, due to the fact that at the time of checking of vehicles, the petitioner could not produce relevant papers of motorcycle. Petitioner has got no concern with the alleged recovery. Petitioner has got clean antecedent and he is in custody since 09.03.2021.

Patna High Court CR. MISC. No.39615 of 2021(2) dt.05-10-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, clean antecedent and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned A.D.J.-II cum Special Judge, Nawada in connection with G.O. Case No. 112 of 2021, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T