Kadhu Chaudhary @ Karu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16680 of 2022 Arising Out of PS. Case No.-297 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Murari Thakur @ Murari Kumar Son Of Late Kaushal Kishore Thakur R/O Village- Patahi Roop, P.S.- Muzaffarpur Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar through The Principal Secretary, Excise Deptt., Govt. Of Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Kumar Chaubey For the Opposite Party/s :

Mrs. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

Recovery is of total 239.92 liters of illicit foreign liquor.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that nothing has been recovered from the conscious possession of the petitioner rather the

Patna High Court CR. MISC. No.16680 of 2022(2) dt.06-07-2022 2/3 recovery has been from the vehicle in question. He further submits that petitioner has no concern with the alleged recovery and he is neither the owner nor the driver of the vehicle in question. The petitioner is in custody since 18.01.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Court below where the case is pending in connection with Muzaffarpur Sadar P.S. Case No. 297 of 2020, subject to 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 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

Patna High Court CR. MISC. No.16680 of 2022(2) dt.06-07-2022 3/3 evidence or the witnesses, 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 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.

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