Sikandra Choudhry @ Sikander Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37409 of 2022 Arising Out of PS. Case No.-327 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Sikandra Choudhry @ Sikander Chaudhary, Son Of Nageshwar Choudhry, R/O Village- Gulani, P.S.- Gurua, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Sherghatti P.S. Case No. 327 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, recovery of 88.95 litres of illicit liquor of different variety was made from a tempo and the petitioner is stated to be the driver of the said tempo who was apprehended from the spot.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.37409 of 2022(2) dt.02-09-2022 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his conscious possession. Recovery has been made from the tempo of which the petitioner is stated to be the driver, but the petitioner is neither the driver nor the owner of the said tempo and he was apprehended by the police merely on suspicion. The petitioner is in custody since 02.05.2022 and the charge-sheet has been submitted in this case. The petitioner has got clean antecedent.

Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the petitioner has got no criminal antecedent and further considering the submission of chargesheet along with his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No. 2, Gaya, in connection with Sherghatti P.S. Case No. 327 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be the deponent, who

Patna High Court CR. MISC. No.37409 of 2022(2) dt.02-09-2022 3/3 has sworn the affidavit.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T