Ramesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6478 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- RAMGARHWA District- East Champaran ====================================================== Ramesh Chaudhary Aged about 40 years Son Of Vikrama Sahani Resident of Village - Bhediharwa, P.S.- Ramgarhwa, Distt.- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 355.360 liters of foreign liquor has been recovered from the house of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. No incriminating material has been recovered from the conscious possession of the petitioner rather the alleged liquor has been recovered from the road side situated opposite to the house of the petitioner. Petitioner is no way concerned with the alleged recovery.

Patna High Court CR. MISC. No.6478 of 2021(2) dt.15-04-2021 2/2 Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 13.10.2020. Considering the fact that no incriminating material has been recovered from the conscious possession of the petitioner and petitioner has got clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Motihari, East Champaran in Ramgarhwa Police Station Case No. 279 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her 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) Shashi U T