Sheoshankar Chauhan @ Sheo Shankar Kumar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36489 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- MAIRWAN DistrictSiwan ====================================================== SHEOSHANKAR CHAUHAN @ SHEO SHANKAR KUMAR CHAUHAN, aged about 23 years, male, Son of Kanhaiya Chauhan Resident of Village - Sumerpur, P,.S.- Mairwa, Dist.- Siwan.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.05.2019 in connection with Mairwa P.S. Case No. 325 of 2018 for the offences alleged under Sections 272, 273, 308, 34 of the Indian Penal Code and Sections 30(1), 38(1) and 41(1) of Bihar Excise and Prohibition Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 238 litres of wine from a car from which three persons fled away. The petitioner was not arrested at the spot. The seizure list does not contain the signature of any independent witness nor complies with the requirements of Section 100 Cr. PC. which creates considerable doubt about the veracity of the prosecution story. The petitioner claims clean antecedents.

4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Siwan cum

Patna High Court CR. MISC. No.36489 of 2019(2) dt.13-06-2019 2/2 Special Judge, Siwan, in connection with Mairwa P.S. Case No. 325 of 2018, on the following conditions- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T