Patna High CourtCR. MISC./69598/2023bail granted

Sadhu Chaudhary v. The State Of Bihar

2023-11-01Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69598 of 2023 Arising Out of PS. Case No.-995 Year-2023 Thana- JAMUI District- Jamui ====================================================== Sadhu Chaudhary, Son Of Nageshwar Chaudhary R/O Village- Sahasram (PIRHINDA), P.S. Sikandra, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jam P.S. Case No. 995 of 2023, lodged on 10.07.2023 under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, the FIR has been lodged against the sole petitioner and total recovery of 12 litres of country made liquor 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 he is subject to conspiracy and is in custody since 11.07.2023. He further submits that there are 3 criminal cases pending against the petitioner and in all the cases he is on bail.

Patna High Court CR. MISC. No.69598 of 2023(2) dt.01-11-2023 2/3

5. Learned counsel for the petitioner submits that the petitioner is a law abiding citizen and ready to fulfil all the conditions whatsoever shall be imposed upon him.

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.

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 Exclusive Special Judge, Excise-II, Jamui in connection with Jam P.S. Case No. 995 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;

(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;

Patna High Court CR. MISC. No.69598 of 2023(2) dt.01-11-2023 3/3 (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