Paras Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8024 of 2021 Arising Out of PS. Case No.-107 Year-2018 Thana- NATWAR District- Rohtas ====================================================== Paras Choudhary Son of Late Ram Rup Choudhary Resident of VillageKowath, P.S.- Dawath, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Suman Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act.

As per prosecution case, during raid, one tempo was seized and upon search 13,500 liter foreign liquor was recovered from the said tempo. This petitioner is owner of the tempo in question.

It is submitted that nothing was recovered from the possession of the petitioner and being owner of the tempo, he has been made accused in this case. It is further submitted that

Patna High Court CR. MISC. No.8024 of 2021(2) dt.17-04-2021 2/2 without giving any knowledge or information to the petitioner, driver of the petitioner was transporting the same. Petitioner has got clean antecedent and he is in jail custody since 23.05.2020. Considering the facts that nothing was recovered from the possession of the petitioner and the petitioner has got clean antecedent, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. District Judge II-cum- Special Judge Excise, Rohtas, Sasaram in Natwar P.S. Case no. 107/2018 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 canceled 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) s.hassan/- U T