Patna High Court/23782/2021bail granted

Krishna Chaudhary v. The State Of Bihar

2021-09-23Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM OFFICIAL CHAMBERS VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.23782 of 2021 Arising Out of PS. Case No.-570 Year-2020 Thana- TEKARI District- Gaya ====================================================== Krishna Chaudhary, Son of Late Hirawan Chaudhary, Resident of Village - Guljana, P.S.- Tekari, Distt.- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-09-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Tekari P.S. Case No. 570 of 2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 06.12.2020. He is an accused in one case as stated in paragraph '3' of the petition.

As per the prosecution story, on secret information the informant raided the house of the petitioner and recovered 7

Patna High Court CR. MISC. No.23782 of 2021(2) dt.23-09-2021 2/3 litres of Mahua liquour from his house.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the petitioner has got one case in which he is on bail. The petitioner is in custody in connection with this case since 06.12.2020.

Mr. Shailendra Kumar Singh, learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein the recovery is that of 7 litres of Mahua liquour, the petitioner has got one case against him as stated in the supplementary affidavit but in the said case he is on bail, in the present case he is in custody since 06.12.2020, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Tekari P.S. Case No. 570 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

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

Patna High Court CR. MISC. No.23782 of 2021(2) dt.23-09-2021 3/3 antecedent, 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. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.