Suraj Choudhary @ Karku Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38801 of 2024 Arising Out of PS. Case No.-373 Year-2021 Thana- NAWADA District- Nawada ====================================================== Suraj Choudhary @ Karku Choudhary Son of Raju Chaudhary @ Raja Chaudhary, Resident of Village- Kharidi Bigha, P.S. - Nawada (Nagar), District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manmohan Kumar, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Nawada (Town) P.S. Case No. 373 of 2021 dated 02.04.2021, registered for the offences punishable under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution story as emerges form the FIR is that one Akash Kumar, son of the informant died on account of consumption of spurious liquor.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that he is not named in the FIR. He also submits that investigation is complete and even after investigation, there is no incriminating material recovered against him, except confession before the police which has no evidentiary value. He further submits that other co-accused persons have already been enlarged on bail by this Court vide
Patna High Court CR. MISC. No.38801 of 2024(2) dt.21-06-2024 2/3 order dated 06.12.2022 passed in Cr. Misc. Nos. 56388 of 2022, 58021 of 2022 and 64165 of 2022.
5. The petitioner has been languishing in jail since 13.12.2023.
6. It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of regular bail and anticipatory bail.
7. It has further been stated in paragraph no. 3 of the petition that the petitioner has eighteen criminal antecedents.
8. However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail submitting that alleged offence is serious in nature. However, he is not in position to controvert the submission made by Ld. Counsel for the petitioner.
9. Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. Exclusive Special Excise Judge-Ist Nawada, in connection with Nawada P.S. Case No.373 of 2021 on the following conditions:
(i) The petitioner will make himself available for
Patna High Court CR. MISC. No.38801 of 2024(2) dt.21-06-2024 3/3 interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
(Jitendra Kumar, J.) ravishankar/S.Ali U T