Rajeev Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33062 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Rajeev Chaudhary, son of Late Baleshwar Chaudhary, Resident of Village - Harpur Alloth, P.S.- Musrigharari, District - Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Excise Case No.105 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

It is submitted by the learned counsel for the petitioner that the alleged recovery of 20.160 liters of foreign liquor was not made from conscious possession of the petitioner. Admittedly, the recovery was made from toilet of the house, which is occupied by several other co-sharers. It is further submitted that the petitioner has got no criminal antecedent and having got roots in the society, he is not likely to abscond or tamper with the evidence.

Learned counsel for the State has opposed the

Patna High Court CR. MISC. No.33062 of 2019(2) dt.20-05-2019 2/2 application for grant of bail to the petitioner. Considering the nature of the offence and the submissions made above, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Samastipur in connection with Excise Case No.105 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed;

(b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J.) Sanjeet/- U T