Guddu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36830 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- BARUN District- Aurangabad ====================================================== GUDDU CHAUDHARY S/O LATE GORA CHAUDHARY @ GORAKH CHAUDHARY Village- Jogiya PS. Barun Dist. Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Barun P.S. Case No. 166 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, total 15.18 english liquor was recovered from the shop of the petitioner and petitioner is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 21.04.2023. Petitioner bears criminal antecedent of one case which is similar in nature. He further submits that petitioner is quiet innocent and has falsely

Patna High Court CR. MISC. No.36830 of 2023(2) dt.16-06-2023 2/3 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Learned Special Judge -1 Excise Aurangabad in connection with Barun P.S. Case No. 166 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife of the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for

Patna High Court CR. MISC. No.36830 of 2023(2) dt.16-06-2023 3/3 cancellation of bail.

(Alok Kumar Pandey, J) niku/- U T