Ganesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53876 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -RAGHOPUR District- SUPAUL ======================================================

1. Ganesh Choudhary Son of Satya Narain Choudhary resident of Village & Police Station - Radhopur, District Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with S.T.Excise no.652 of 2017 arising out of Raghopur P.S.Case no.130 of 2017 registered for offences punishable under Sections 30(a) of Bihar Prohibition Excise Act, 2016.

Allegation against the petitioner is about recovery of 43 ltrs. of liquor form the tempo and the petitioner is said to owner of the Tempo.

Submission of the learned counsel for the petitioner is that he is running the tempo on rent and nothing has been recovered form his possession rather from the tempo. He has no criminal antecedent and he is in custody since 8.9.2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.53876 of 2017 (2) dt.21-11-2017 2/2 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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-I-cum-Special Judge Excise, Supaul in connection with S.T. Excise No.652 of 2017 arising out of Raghopur P.S.Case no.130 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 in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T