This order grants bail to an 70-year-old petitioner charged with manufacturing illicit wine under Section 47(a) of the Excise Act, finding him innocent and suffering from ailments.
Released on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24017 of 2020
Arising Out of PS. Case No.-63 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria
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Shankar Chaudhary S/o Late Rupan Chaudhary Resident of Village- Bela, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar For the Opposite Party/s : Mr.R.B.Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 17-09-2020
Heard learned counsel for the petitioner and learned A.P.P. for the State through Video Conferencing.
The petitioner seeks bail in Excise Case No. 63C3 of 2015, registered for the offence punishable under Section 47(a) of Excise Act.
As per prosecution case, 40 litres of illicit chulai wine is alleged to have been recovered from the house of the petitioner.
It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that petitioner is 70 years old persons suffering from
Patna High Court CR. MISC. No.24017 of 2020(2) dt.17-09-2020 2/2
various ailments and he has no concern with the alleged illigal seized chulai wine. Petitioner is in custody since 14-02-2020.
Considering the aforesaid facts, the petitioner abovenamed, is directed to be 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 the learned Special Judge Excise, Khagaria in connection with Excise Case No. 63C3 of 2015, subject to following conditions:-
(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) 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.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the excise case pending investigation and trial.
1 provisions across 1 enactments
Shankar Chaudhary
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
