Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72108 of 2021 Arising Out of PS. Case No.-112 Year-2021 Thana- SURYAPURA District- Rohtas ====================================================== SHANKAR CHOUDHARY Son of Daroga Choudhary Resident of VillageAliganj tola, P.S.- Suryapura, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

The present matter has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on the ground that father of the petitioner died on 11.02.2022.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Surajpura P.S. Case No. 112/ 2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018. There is recovery of 278.27 litres of illicit IMFL from

Patna High Court CR. MISC. No.72108 of 2021(2) dt.16-02-2022 2/3 a truck.

Learned counsel for the petitioner submits that petitioner has committed no offence and he has falsely been implicated in the present case. He further submits that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the truck in question. He further submits that petitioner has no concern with the seized liquor. He further submits that police after investigation submitted charge sheet against the petitioner. Petitioner is in custody since 12.09.2021.

The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries four criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum Special Judge, Excise, Rohtas at Sasaram in connection with Surajpura P.S. Case No. 112/ 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.72108 of 2021(2) dt.16-02-2022 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T