Suraj Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71961 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Suraj Kumar Chaudhary. Son of Late Madhusudan Prasad A resident of Mohalla- Gurhatta More, P.S.- Khajekalan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishan Jha, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-05-2022 Heard learned counsel for the parties.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Special Case No.5424/2021 arising out of Alamganj P.R. No.49/2021 instituted under Sections 30(a), 32(1), 32(3), 41(1), 41(2) of Bihar Excise Act.

As per the FIR, on confidential information the scooty of the petitioner was searched and it is alleged that 150 liters of countrymade wine kept in fifteen polythene bags was recovered/seized. FIR was instituted and the petitioner was arrested.

Patna High Court CR. MISC. No.71961 of 2021(2) dt.26-05-2022 2/3 Considering the fact that the petitioner is in custody since 02.09.2021 (as stated in para-6 of the bail application), charge-sheet stands submitted, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each in connection with Special Case No.5424/2021 arising out of Alamganj P.R. No.49/2021 to the satisfaction of learned Special Judge, Excise, Patna, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty

Patna High Court CR. MISC. No.71961 of 2021(2) dt.26-05-2022 3/3 to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T