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(Accused is in custody)
IN THE COURT OF THE SPECIAL JUDGE(EXCISE),
SAHARSA.
Sonvarsa Raj P.S. CASE NO. - 07/2023
UNDER SECTION 30(a) OF BIHAR EXCISE AND PROHIBITION
ACT-2022.
IN THE MATTER OF:-
STATE
Vs.
Babloo Chaudhari & Other ………….Accused
The humble petition of bail
on behalf of accused
1.Babloo Chaudhari aged about
years
S/O- Late Bhola Chaudhari
Resident of village – Sonvarsa
Raj, P.S.- Sonvarsa Raj, Dist.-
Saharsa
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MOST RESPECTFULLY SHEWETH:-
1. That this is an application for grant of regular bail to the accused
petitioner who is in judicial custody since 05/09/2022 in connection with
Saur Bazar P.S. case no.- 503/2022 instituted under section 30(a) of Bihar
Excise and Prohibition Act-2016.
2. That the petitioner has not preferred such an application for anticipatory
bail or regular bail earlier either before this court or the Hon’ble Patna High
Court.
3. That the petitioner has a criminal history as under-.
4. That the petitioner is on bail in aforesaid case
5. That the petitioner is quite innocent and committed no offence much less
the offence alleged in the FIR and has been falsely implicated in this case
due to grudge, dirty party politics which is prevailing in side of village.
6. That the above noted FIR has been registered on the false and frivolous
complaint of the informant. And the applicant is law abiding, God Fearing
and having fullest faith in the rule of Law.
7. That nothing incriminating article has been recovered from the possession
of the accused/ petitioner.
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8. That on perusal of FIR your Honour would find that it is allegation to the
petitioner that 5 Ltrs. Desi wine in Plastic container has been recovered from
the possession of the petitioner. This is totally false and misleading fact. The
petitioner was going to home and the police knowingly detained the
petitioner with an allegation that this wine container is yours.
9. That the petitioner shall suffer irreparable loss and injury to his goodwill,
health and mental peace, if the police arrest the applicant in the false case
filed against him.
10. That the Indian legislature respects for the personal liberty of the citizen
and believes in the old- age principle that an individual is presumed to be
innocent till she is found guilty by the Court. The personal liberty is the most
important fundamental right guaranteed by the Constitution of India.
Deprivation of liberty must be considered a punishment a punishment unless
it is required to insure that an accused will not stand his trial when called
upon. The courts owe more than verbal respect to the principle that
punishment begins after conviction and every man is deemed to be innocent
until duly tried and duly found guilty.
11. That the petitioner is judicial custody in the present false and frivolous
case since 05/01/2022. No useful purpose will be served by keeping the
applicant in jail any longer. The applicant accused should not be in kept in
judicial custody as pre trial punishment measures.
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12. That the petitioner is not a previous convict. The petitioner is permanent
resident of Saharsa at the above noted address and is having his roots in
society. There is no chance of applicant tempering the evidence or
threatening the witness or to flee/abscond from justice, if released on bail.
13. That the petitioner is also ready to comply with all the conditions as
prescribed under section 437 of Cr.P.C. or any other condition as deem fit
and proper by this Hon’ble court, while granting the Bail.
14. That there are other grounds also which is raised at the time of hearing
of bail application by your Honour’s permission.
It is, therefore, prayed
that Your Honour may
graciously be pleased to
enlarge the petitioner on
bail of proper surety.
AND/OR
Pass such an order(s) as
Your Honour may deems fit
and proper.
And for this the petitioner shall ever pray.
Petitioner,
through Advocate.
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IN THE COURT OF THE SPECIAL JUDGE (EXCISE),
SAHARSA.
Sonvarsa Raj P.S. CASE NO. - 07/2023
STATE Vs. Babloo Chaudhari ………….Accused
AFFIDAVIT
I, Santosh Kumar Chaudhari aged about 32 years S/O- Late Bhola
Pasi, resident of village and P.S.– Sonvarsa Raj, Dist.– Saharsa do hereby
and solemnly affirm and state as follows:
1. That I am brother of the Petitioner and also well acquainted with this
facts and circumstances of the case.
2. That I am competent to swear this affidavit.
3. That I am gone through the contents of the bail petition bearing above
case no. and heard translate into Hindi and have understood the same.
4. That the statements made in the application are true to the best of my
knowledge and based on information derived from the records of the
case, which I believe to be true.
Deponent.
