Suraj Chaudhary @ Karku Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38698 of 2024 Arising Out of PS. Case No.-403 Year-2021 Thana- NAWADA District- Nawada ====================================================== Suraj Chaudhary @ Karku Chaudhary Son of Raju Chaudhary @ Rajo Chaudhary Resident of Village - Kharidi Bigha, Police Station - Nawada (Nagar), District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manmohan Kumar, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, State ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nawada Town P.S. Case No. 403/2021 dated 06.04.2021 registered for the offences punishable u/s 30(a)(b)(c)(d)(g), 33, 41 and 52 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 200 ml Jharkhand made liquor was recovered from the possession of the co-accused person and 15 litres of spirit was also recovered from the place of occurrence.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No liquor or incriminating material was seized from the possession of the petitioner. The petitioner is not named in the F.I.R. The name

Patna High Court CR. MISC. No.38698 of 2024(2) dt.04-07-2024 2/2 of the petitioner has sprung up in the confessional statement of the co-accused, Arvind Yadav. The co-accused person has already been granted regular bail by this court vide order dated 24.05.2023 passed in Cr. Misc. No. 33135 of 2023. The petitioner is accused in 17 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.04.2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada Town P.S. Case No. 403/2021 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T