Harendra Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76157 of 2018 Arising Out of PS. Case No.-377 Year-2018 Thana- MAIRWAN District- Siwan ======================================================
1. Harendra Chaudhary Son of late Sanjay Chaudhary
2. Jitendra Chaudhary Son of Chhote Lal Chaudhary Both are Residents of Village and P.S. Hussainganj, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh For the Opposite Party/s :
Mr.Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.
Petitioners seek bail in Mairwa P.S. Case No. 377 of 2018 registered for the offence punishable under Sections 272, 273, 308 and 34 of the Indian Penal Code and under Section 30(a), 38(1) and 41(1) of Bihar Excise Act, 2016. Allegation against petitioners is of recovery of 43.500 litre of English wine from the motorcycle which was being driven by them.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to highhandedness of police. Seizure list was not prepared under Section 100(6) of the Cr.P.C. No incriminating article has been recovered from their possession. They are in custody since
Patna High Court Cr.Misc. No.76157 of 2018(2) dt.19-12-2018 2/2 28.09.2018.
Considering the criminal antecedent of the petitioners I am not inclined to enlarge the petitioners on bail. Hence, the prayer for bail of the petitioners is hereby rejected. However, it observed that petitioners be released on bail after completing six months of Jail custody, upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge Excise, Siwan in connection with Mairwa P.S. Case No. 377 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioners 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 petitioners. (4). If the petitioners are found involved in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bonds. (S. Kumar, J) ranjan/manojU T