Patna High CourtCR. MISC./73005/2023bail granted

Satrudhan Chaudhary @ Satrughan Chaudhary v. The State Of Bihar

2023-11-22Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73005 of 2023 Arising Out of PS. Case No.-254 Year-2023 Thana- KASBA District- Purnia ====================================================== SATRUDHAN CHAUDHARY @ SATRUGHAN CHAUDHARY S/O LATE SOBHALAL CHAUDHARY VILLAGE- ANAND NAGAR NAYA TOLA KHUSKIBAG, PS. SADAR, DIST. PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-11-2023 Heard the parties.

2. The petitioner is in Judicial custody in connection with Kasba P.S. Case No. 254 of 2023, instituted under Section 30(a) of Bihar Prohibition and Excise Act, 2016, lodged on 16.07.2023 by the informant, Manoj Paswan.

3. As per the prosecution story, the police intercepted a tempoo and recovered / seized 96.45 litres of foreign liquor. Accordingly the F.I.R.

4. Learned counsel for the petitioner submits that he was not the driver and the passenger who was traveling carrying the bag of liquor. He had no knowledge but the petitioner was arrested by the police and he is in custody since 17.07.2023 (para 4 of the bail petition).

Patna High Court CR. MISC. No.73005 of 2023(2) dt.22-11-2023 2/3

5. Learned APP opposes the prayer for bail.

6. Considering the submission put forward by learned counsel for the petitioner as also the fact that he had no criminal antecedent and is custody since 17.07.2023 (Annexure-4 to this petition), this Court is inclined to grant him privilege of bail.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge Court No.1, Purnea, in connection with Kasba P.S. Case No. 254 of 2023, subject to 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 bond by the Trial court itself, (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

Patna High Court CR. MISC. No.73005 of 2023(2) dt.22-11-2023 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds:

(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. (Rajiv Roy, J) sanjeev/- U T