Karu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34732 of 2024 Arising Out of PS. Case No.-395 Year-2024 Thana- NAWADA District- Nawada ====================================================== Karu Chaudhary SON OF RAMCHANDRA CHAUDHARY Resident of Village - Shah Toli, Bhadauni, PS- Nagar, Distt- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 337, 332, 333, 307, 379, 511, 353 and 427 of the IPC and Section 45 of the Bihar Prohibition and Excise Act, 2022 in connection with Nawada Town (Nagar) P.S. Case No.395 of 2024
3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 05 liters of liquor from the house of the petitioner.
4. It is next submitted that informant along with the
Patna High Court CR. MISC. No.34732 of 2024(2) dt.16-05-2024 2/3 police force had gone to the house of the petitioner for arresting him when his family members along with 20-25 villagers started pelting bricks and stones and succeeded in freeing the petitioner from custody. The learned counsel submits that petitioner has been falsely implicated in the instant case. It is also submitted that petitioner was never arrested and it has been specifically pleaded and asserted at para-13 of the anticipatory bail application. It is also submitted that only to give a serious colour to the case, it has been alleged that petitioner was freed from police custody.
5. The learned APP for the State opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Nawada in connection with Nawada Town (Nagar) P.S. Case No.395 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.34732 of 2024(2) dt.16-05-2024 3/3
7. It is further made clear that the learned trial court shall also verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than two case, then also the present anticipatory bail order shall not be given effect to.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T