Patna High CourtCR. MISC./70679/2023bail granted

Shambhu Choudhary v. The State Of Bihar

2023-11-09Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70679 of 2023 Arising Out of PS. Case No.-544 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Shambhu Choudhary, Son of Late Ayodhya Choudhary @ Ayodhi Choudhary, Resident of Village - Shahjadpur, P.S. - Madhusudanpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 544 of 2023, lodged on 30.06.2023 under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the FIR has been lodged against the sole petitioner and total 5 litres of country made liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He also submits that the house in which the petitioner is residing is basically the common house in which there are series of persons

Patna High Court CR. MISC. No.70679 of 2023(2) dt.09-11-2023 2/3 who are also residing. Counsel further submits that the petitioner was not arrested by the police on the place of occurrence.

5. Learned counsel for the petitioner submits that the petitioner is in custody since 21.07.2023 and there are two criminal antecedents of the petitioner in which he is on bail.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is not clean and this aspect may be taken into consideration while granting bail to the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail only after framing of charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-2nd, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 544 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

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

Patna High Court CR. MISC. No.70679 of 2023(2) dt.09-11-2023 3/3 (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 reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T