Patna High CourtCR. MISC./43606/2017bail granted

Chhathu Choudhary v. The State Of Bihar

2017-10-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43606 of 2017 Arising Out of PS.Case No. -369 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ======================================================

1. Chhathu Choudhary S/o Sheo Bachchabn Choudhary, resident of VillageGayghat, P.S.- Sasaram (Muffasil), District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Excise case No.369 of 2017 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner and three other accused persons is of recovery of 210 ltrs. of liquor. Submission of the learned counsel for the petitioner is that he has been arrested on the basis of suspicion and nothing has been recovered from his possession rather from a Varuti Van. Furthermore, he has no criminal antecedent and he is in custody for three months. The other co-accused persons have already been grunted bail by this Court, vide order dated 18.09.2017 passed in

Patna High Court Cr.Misc. No.43606 of 2017 (3) dt.10-10-2017 2/2 Cr. Misc. No.41078 of 2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Spl. Court, Excise, Rohtas at Sasaram in connection with Excise Case No.369 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T