Dharmendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34293 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Dharmendra Chaudhary, Son of Prabhu Chaudhary, R/o Ekauna, P.S.- Dhanarua, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 The petitioner seeks regular bail in connection with Chauk P.S. Case No. 61 of 2017, registered for offences punishable under Sections272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of about more than 800 litres of toddy.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and he was only one of the travelers of the tempo from which alleged recovery has been made. Further one of the co-accused person has already been enlarged on bail vide order dated 07.07.2017, passed in Criminal Miscellaneous No. 29999 of 2017 and petitioner has been in judicial custody since 19.03.2017 and has no criminal antecedent.

Patna High Court Cr.Misc. No.34293 of 2017 (2) dt.26-07-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, and also that petitioner has no criminal antecedent and other co-accused has already been granted bail by this Court, as such, 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 ACJM-II, Patna City, Aurangabad, in connection with Chauk P.S. Case No. 61 of 2017, subject to the following conditions:- (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) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.34293 of 2017 (2) dt.26-07-2017 3/3 prosecution is free to move for cancellation of his bail.

It is also 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