Patna High CourtCR. MISC./12341/2022disposed

Bikau Chaudhary v. The State Of Bihar

2022-05-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12341 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- SRINAGAR District- West Champaran ====================================================== BIKAU CHAUDHARY Son of Late Sobharan Chaudhary Resident of Village- Bharpatiya, P.S.- Srinagar, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 414, 353, 272, 273, 504 of the IPC and u/s 30(a), 45 of the Bihar Prohibition and Excise Act.

As per the prosecution case, 20 liters of country made liquor has been recovered from courtyard of house of this petitioner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The seized motor cycle belongs to son of this petitioner with which petitioner has no concern. Petitioner is in custody since 29.10.2021. Investigation

Patna High Court CR. MISC. No.12341 of 2022(2) dt.09-05-2022 2/2 is complete.

Learned counsel appearing for the State opposes the prayer for bail. He submits that the petitioner has got identical criminal antecedent.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T