Niraj Chaudhary @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75500 of 2018 Arising Out of PS. Case No.-1120 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Niraj Chaudhary @ Pintu, Son of Late Ramakant Chaudhary, Resident of Village- Nilourukundpur P.S. Tisiauta District- Vaishali, presently C/o Satendra Thakur of Madhubani Patahi, P.S. Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ahiyapur P.S. Case No. 1120 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 327.6 litres of foreign liquor from the vehicle of which petitioner was driver.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. He is only a driver of the said vehicle. Petitioner has no

Patna High Court Cr.Misc. No.75500 of 2018(2) dt.18-12-2018 2/2 criminal antecedent and he is in custody since 15.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1120 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) veena/- U T