Vishun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39895 of 2022 Arising Out of PS. Case No.-490 Year-2021 Thana- BARH District- Patna ====================================================== VISHUN CHAUDHARY Son of Chandi Chaudhary Resident of villageAgwanpur, P.S- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Special Case No.7726/2021 arising out of Barh P.S. Case No. 490/2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of total 40 liters country made liquor from the old house of the petitioner and the petitioner was not apprehended on the spot. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot and

Patna High Court CR. MISC. No.39895 of 2022(2) dt.24-09-2022 2/3 nothing has been recovered from the conscious possession of the petitioner. He further submits that the alleged liquor was recovered from the old house of the petitioner, which was ancestral joint house of the petitioner. The petitioner is languishing in custody since 09.04.2022 and bears criminal antecedent of 03 cases of similar nature. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

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

Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on the spot, charge sheet has already been submitted 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, Excise, Barh, Patna in connection with connection with Special Case No.7726/2021 arising out of Barh P.S. Case No. 490/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the

Patna High Court CR. MISC. No.39895 of 2022(2) dt.24-09-2022 3/3 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 cancellation of bail.

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