Sikumar Choudhary @ Shikumar Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.51588 of 2018 (3) dt.04-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51588 of 2018 Arising Out of PS.Case No. -179 Year- 2018 Thana -SULTANGANJ District- PATNA ====================================================== Sikumar Choudhary @ Shikumar Choudhary son of Late Bharat Choudhary resident of Mohalla - Mahadev Zala Road, Abdulla Chak, Gulzarbag, District - Patna at present Mahrajganj Challi Tarn, Police Station Alamganj, District Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Sultanganj P.S. Case No. 179/2018, registered for the offences punishable under Sections 30(a), 38(i) and 41(i) of Bihar Prohibition and Excise Act. Allegation is recovery of 810 litres of Toddy from Auto of the petitioner.

It has been submitted that petitioner is owner and driver of the said Auto and the recovered Toddy belongs to Pappu Choudhary who hired the Auto. Petitioner has no concern with the recovered Toddy.

Petitioner has no criminal antecedent. He is in custody since 01.07.2018.

Patna High Court Cr.Misc. No.51588 of 2018 (3) dt.04-10-2018 Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 Special Judge Excise, Patna in connection with Sultanganj P.S. Case No. 179/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T