Ram Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9499 of 2022 Arising Out of PS. Case No.-278 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== Ram Kumar Chaudhary Son of Sonelal Chaudhary Resident of Village - Darapur, P.S.- Mahnar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 413, 414, 271, 272/34 of the Indian Penal Code and Sections 30(a), 41 of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 1726.005 litres of illicit foreign liquor. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case only on the basis of suspicion. He further submits that it appears from the F.I.R. as well as seizure

Patna High Court CR. MISC. No.9499 of 2022(2) dt.14-06-2022 2/3 list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the Bathan of Anjan Singh and one pick-up van in question. He further submits that vehicle in question does not belong to the petitioner and simiarly situated co-accused person namely Tempo Paswan @ Pankaj Paswan has been granted bail by this Court vide order dated 13.06.2022 in Cr. Misc. No. 8333 of 2022 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 12.11.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mahnar P.S. Case No. 278 of 2021, with the following conditions :-

(1) 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

Patna High Court CR. MISC. No.9499 of 2022(2) dt.14-06-2022 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T