← Library
Patna High CourtCR. MISC./15406/2020bail granted

Abhishek Kumar @ Chotu Chaudhary @ Chhotu Chaudhary v. The State Of Bihar

2020-06-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15406 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== ABHISHEK KUMAR @ CHOTU CHAUDHARY @ CHHOTU CHAUDHARY, S/o Sudhir Chaudhary @ Sudhir Kumar @ Pappu Chaudhary Resident of Village - Alapur, Ward No. 11, P.S. - Teghra, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-06-2020 The matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 414, 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Petitioner was not there at the time of recovery of liquor from a Centro car. The two persons arrested at the time of recovery disclosed that the petitioner and co-accused had fled away from there. Petitioner has got no criminal antecedent. Since there is no direct material against the petitioner

Patna High Court CR. MISC. No.15406 of 2020(2) dt.11-06-2020 2/2 except confessional statement of co-accused Dharmendra Kumar @ Master before the police which is no evidence in the eyes of law, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty 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 Teghra Police Station Case No. 28 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T