Shudhanshu Kumar Bhaskar @ Shdhanshu Chaudhary@ Bhim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8262 of 2021 Arising Out of PS. Case No.-122 Year-2017 Thana- KATRA District- Muzaffarpur ====================================================== SHUDHANSHU KUMAR BHASKAR @ SHDHANSHU CHAUDHARY@ BHIM SON OF MAHESH CHAUDHARY RESIDENT OF VILL.- DHANAUR, KUMHRAR, P.S.- KATRA, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar Rai For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Katra P.S. Case No. 122 of 2017, registered for the offence punishable punishable under Section 30(a)/36/34 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on secret information raid was conducted and 549.795 litres of foreign liquor has been recovered from a government pond.

It is submitted that nothing has been recovered from

Patna High Court CR. MISC. No.8262 of 2021(2) dt.27-05-2021 2/2 conscious possession of this petitioner. Petitioner has no concern with the seized liquor. The provision of section 100 Cr.P.C has not been followed. Chargesheet has already been submitted. Moreover, five co-accused persons have already been granted bail by this Hon'ble Court. Petitioner is in custody since 16.10.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Special Judge Excise, Muzaffarpur in connection with Katra P.S. Case No. 122 of 2017, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T