Mukund Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55055 of 2017 Arising out of PS. Case No.-154 Year-2017 ThanaMAHARAJGANJ District- Siwan =============================================== Mukund Choudhary, Son of Sri Chandrika Choudhary resident of village - Akil Tola, P.S. - Maharajganj, Distt - Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mithilesh Kumar, Adv. For the Opposite Party/s: Mr. Umeshnand Pandit, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Sections 272, 273, 308, 402 and 414/34 of the Indian Penal Code and Sections 30 (1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, huge quantity of foreign liquor was recovered from a Bolero pick up van which allegedly belong to the petitioner but nothing has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that it has

Patna High Court Cr.Misc. No.55055 of 2017(2) dt.23-11-2017 2/3 been shown that petitioner was apprehended on spot but this is not the fact rather the petitioner was later on called by the police and since he is involved in another case he has been implicated in this case. It is further contended that if he has been arrested from the spot his signature ought to have been taken on the seizure-list along with the witnesses of seizurelist. It is urged that the petitioner has remained in custody since 01.09.2017, i.e., for about more than two and half months.

Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-II, Siwan in connection with Maharajganj P.S. Case No. 154 of 2017 with a condition that one of the bailors of the petitioner(s) must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps

Patna High Court Cr.Misc. No.55055 of 2017(2) dt.23-11-2017 3/3 for cancellation of his bail bonds.

In view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Siwan within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) Vikash/- U T