Ram Bachan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2788 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Ram Bachan Chaudhary S/o Late Shivnath Chaudhary Resident of Vill.- Bansha (Anara Talab), P.S.- Sasaram (M), Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Sasaram (M) P.S. Case No. 42 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, total 6229.440 liters of foreign liquor has been recovered from a dilapidated house, situated near the Primary School Bhawan.

It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner and only on suspicion, petitioner has been implicated in this case. The house in question does not belong to petitioner. Petitioner is in custody since 06.08.2020. Chargesheet has already been submitted.

Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.2788 of 2021(2) dt.09-03-2021 2/2 well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judgecum-Special Judge, Excise Act, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 42 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 below and shall remain physically present, as directed by the court below, 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