Sanjay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27946 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================
1. Sanjay Chaudhary son of Late Bigu Chaudhary resident of Village : Lakhraw, P.S. Siwan (M), District : Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 10.05.2017 in connection with Siwan (M) P.S. Case No. 197/2017 for offences punishable under Sections 272, 273, 420, 308 of the Indian Penal Code and Section 41(1) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that while on patrolling duty they received confidential information that petitioner and one another have concealed some illicit liquor in a bush. On raid the police recovered 15.400 litres of liquor from the bush
Patna High Court Cr.Misc. No.27946 of 2017 (3) dt.23-08-2017 2/3 but the petitioner along with another co-accused managed to flee away.
It has been submitted by the learned counsel for the petitioner that he is innocent, nothing has been recovered from his conscious possession and he has been falsely implicated in the aforesaid case.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and two more cases, one of similar offence, are pending against him.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Addl. Sessions JudgeII, Siwan, in connection with Siwan (M) P.S. Case No. 197/2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and if the petitioner indulges in an offence of similar nature in
Patna High Court Cr.Misc. No.27946 of 2017 (3) dt.23-08-2017 3/3 future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T