Patna High CourtCR. MISC./52538/2016bail granted

Subhash Choudhary v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52538 of 2016 Arising Out of PS.Case No. -256 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictWEST CHAMPARAN (BETTIAH) ====================================================== Subhash Choudhary, son of Bharoshi Chaudhary, resident of village - Parshurampur, P.S. - Kangali, District - West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajeet Kumar, Advocate. For the State : Mr. Yogendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 6.8.2016 in connection with Excise Case No. 256 of 2016 for the alleged offences under Section 47(A) of the Excise Act.

3. It is submitted that the petitioner has been falsely implicated in connection with the recovery of country made Nepali liquor. Such recovery has been denied by the petitioner. This is the first offence of such nature in which he has been made accused and he is on bail in respect of the earlier case instituted for the penal offences.

4. Having regard to the entirety of the facts and circumstances of the case and the period of custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Excise Case No. 256 of

Patna High Court Cr.Misc. No.52538 of 2016 (2) dt.13-12-2016 2/2 2016 on the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) S.Ali/B.T.

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