Ram Bharosh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35550 of 2020 Arising Out of PS. Case No.-170 Year-2020 Thana- LADANIA District- Madhubani ====================================================== Ram Bharosh Choudhary Son of Late Sikandar Choudhary Resident of village- Katha, P.s.- Ladaniya, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Shailendra Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Ladaniya P.S. Case No. 170 of 2020, G.R. No. 1002 of 2020, registered for the offence under Sections 272, 273 of the Indian Penal Code Sections 30(a), 41(i) of Bihar Prohibition and Excise Act. As per the prosecution case, 63 liters of Nepali country-made liquor has been recovered from a rural road near community hall of village Dadhi.

It is submitted on behalf of petitioner that petitioner has been arrested in this case only on suspicion. It is further submitted that nothing has been recovered from the physical possession of the petitioner. Petitioner has got no criminal antecedent, which fact has been stated in paragraph - 3 of the

Patna High Court CR. MISC. No.35550 of 2020(2) dt.22-12-2020 2/2 petition and petitioner is in custody since 21-08-2020. Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 170 of 2020, G.R. No. 1002 of 2020 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 and shall remain physically present, as directed by the Court 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