Arjun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13850 of 2017 Arising Out of PS.Case No. -376 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Arjun Chaudhary S/o Janak Chaudhary Resident of Village Akbarpur, Hatpar, P.S. Akbarpur, District Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2017 Heard the parties.

This application is for grant of bail in connection with Sessions Trial No.52 of 2017 arising out of G.O. Case No.376 of 2014 for the offence under Sections 47(A) of the Excise Act. It is submitted on behalf of the petitioner that there is allegation of recovery of 40 ltrs. of country-made liquor and he is in custody for about four months. So far criminal antecedent of the petitioner is concerned, it is submitted that earlier he was accused in an old case, in which he is now on bail and he undertakes not to commit such type of offences in future.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that he has remained in custody for about four months, let the petitioner,

Patna High Court Cr.Misc. No.13850 of 2017 (3) dt.04-04-2017 2/2 above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Asstt. Sessions Judge-1, Nawada in connection with Sessions Trial No.52 of 2017 arising out of G.O.Case No.376 of 2014.

With 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 co-operate 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 prosecution is free to move for cancellation of his bail.

(iv) He will not repeat similar type of offences in future, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U