Pappu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64631 of 2018 Arising Out of PS. Case No.-277 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== Pappu Chaudhary Son of Late Mahesh Chaudhary Resident of VillageManpur, Mallah Toli, P.S. Mufassil,Distt.-Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sudhir Kumar Sinha, Adv.

For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Excise Amendment Act, 2016 registered in connection with Muffasil (Gaya) P.S. Case No. 277 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 30 litres of country made Mahua wine from the house of the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above

Patna High Court Cr.Misc. No.64631 of 2018(3) dt.03-01-2019 2/2 named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Excise Judge, Gaya (Special Court Excise Act, Gaya) in connection with Muffasil (Gaya) P.S. Case No. 277 of 2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/BT U T