Dhiraj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20353 of 2020 Arising Out of PS. Case No.-54 Year-2020 Thana- KATRA District- Muzaffarpur ====================================================== DHIRAJ CHAUDHARY, Son of Vishwanath Chaudhary, Resident of Village - Katra, P.S.- Katra, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Adv For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a), 38(a) of the Bihar Prohibition and Excise Act.

Informant who is police personnel has stated that on 04.03.2020 he received a secret information that Deepak Chaudhary has stored the liquor in his house, on such information he raided the house of Deepak Chaudhary and on seeing the police the family members started fleeing on chase

Patna High Court CR. MISC. No.20353 of 2020(2) dt.22-06-2020 2/3 Dhiraj Chaudhary (petitioner) and Vimla Devi were arrested and on search total 441 foreign liquor was recovered from the said house.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. From seizure list it appears that from the house of Deepak Chaudhary liquor was recovered and petitioner is the brother of Deepak Chaudhary living separately since 2014. Similarly placed co-accused Vimla Devi has been granted bail by coordinate bench of this court vide order dated 15.05.2020 passed in Cr. Misc. No. 19096 of 2020. Petitioner is in custody since 05.03.2020 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Katra Case No. 54 of 2020, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.20353 of 2020(2) dt.22-06-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) veena/rajiv U T