Garjan Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.64457 of 2018 (2) dt.26-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64457 of 2018 ======================================================

1. Garjan Chaudhary, S/o Late Baldeo Chaudhary, Resident of VillageUttarwahini, P.S.- Chanpatia, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-10-2018 The petitioner seeks regular bail in connection with Chanpatia P.S. Case No. 123 of 2018, registered for offences punishable Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case is that police on information that the petitioner and co-accused has kept huge quantity of liquor in the heap of straw at the place of one Jugul Mahto, raided the place and recovered 224.375 litres of foreign liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner and F.I.R itself shows that the recovery has been made at the place of one Jugul Mahto. Further he has no criminal antecedent and has been in judicial custody since 09.06.2018.

Patna High Court Cr.Misc. No.64457 of 2018 (2) dt.26-10-2018 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, in connection with Chanpatia P.S. Case No. 123 of 2018, subject to the condition that:- (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) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T