Patna High CourtCR. MISC./3016/2020bail granted

Santosh Chaudhary v. The State Of Bihar

2020-01-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3016 of 2020 Arising Out of PS. Case No.-361 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== SANTOSH CHAUDHARY S/o Ashok Chaudhary Resident of Village- Gudri Main Road Chapra, Rajendra College gate Naya Jan Tola, P.S.- Bhagwan Bazar, Distt- Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 65.8 litres foreign liquor near the house of co-accused Arun Ram which was being sold by the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Nothing was recovered from the possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 25.11.2019.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.3016 of 2020(2) dt.18-01-2020 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bhagwan Bazar P.S. Case No. 361 of 2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner 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 petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Rajiv/- U T