Nagendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78484 of 2019 Arising Out of PS. Case No.-176 Year-2019 Thana- TILAUTHU District- Rohtas ====================================================== NAGENDRA CHOUDHARY S/o Kail @ Krishna Choudhary R/o villageUttr Patti, Tilouth, Line Par, P.S.- Tilouthu, Distt.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.10.2019 in connection with Tilouthu P.S.Case No.176 of 2019 for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with the recovery of 40 litres of country-made liquor. It is submitted that such recovery has been made from bush behind the house of the petitioner and he has no concern with the goods recovered. The petitioner claims clean antecedents.

5. Be that as it may, having regard to the period of custody since 20.10.2019, let the petitioner above named be

Patna High Court CR. MISC. No.78484 of 2019(2) dt.03-12-2019 2/2 released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Spl. Judge, Excise, Rohtas at Sasaram in connection with Tilouthu P.S. Case No. 176 of 2019 on the following 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) That the petitioner shall co-operate 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) HR/- U T