Patna High CourtCR. MISC./1681/2021bail granted

Chunnu Ojha @ Ravindar Ojha v. The State Of Bihar

2021-03-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1681 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Chunnu Ojha @ Ravindar Ojha S/o Braj Kishore Ojha R/o village- Madhukar Chhapra, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Kanti P.S. Case No. 122 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 21 liters of foreign liquor has been recovered from the hut of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner and the hut in question does not belong to petitioner, which is situated 2 Km. away from the house of the petitioner. Petitioner is in custody since 30.09.2020, having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be

Patna High Court CR. MISC. No.1681 of 2021(2) dt.03-03-2021 2/2 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 Special Judge, Excise Act, Muzaffarpur in connection with Kanti P.S. Case No. 122 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