Patna High CourtCR. MISC./71806/2022bail granted

Vijay Chaurasiya v. The State Of Bihar

2023-03-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71806 of 2022 Arising Out of PS. Case No.-256 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== VIJAY CHAURASIYA S/o Shivnath Chaurasiya @ Shivnath Bhagat @ Gorakh Chaurasiya R/o Village- Shyampur, P.S.- Adapur, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-03-2023 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Trial No. 7984 of 2022 arising out of Adapur P.S. Case No. 256 of 2022 registered for the offence under Sections 30(a), 32 and 41(1) of Bihar Prohibition and Excise Amendment Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 08.09.2022 and he has four criminal antecedents.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the quantum of recovery of liquor which is said to be 08 liters and also the period of custody of the petitioner, this application is allowed.

Patna High Court CR. MISC. No.71806 of 2022(2) dt.04-03-2023 2/2 Let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Excise Court No. 02, East Champaran at Motihari in connection with Trial No. 7984 of 2022 arising out of Adapur P.S. Case No. 256 of 2022. As a condition of this order, the petitioner should cooperate in the proceeding of the Court below and if the petitioner tries to delay the trial, the Court below is at liberty to pass an appropriate order including the cancellation of bail bonds of the petitioner.

The petitioner will visit Adapur Police Station, District- East Champaran on first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/Shishir U