Kamlesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37204 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- RAHIKA District- Madhubani ====================================================== KAMLESH CHAUDHARY SON OF RAMCHALITRA CHAUDHARY RESIDENT OF VILLAGE- DUMARI (WEST TOL), PS- RAHIKA DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Rahika P.S. Case No. 07 of 2023, G.R. No. 101/2023 registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 71.1 liters illicit nepali liquor from the Dalan of the petitioner. Petitioner is not apprehended on spot. Local people disclosed the name of present petitioner and others who fled away from the place of occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.37204 of 2023(2) dt.14-06-2023 2/3 petitioner is in custody since 31.03.2023. Petitioner bears two criminal antecedents of similar nature. Learned counsel further submits that the petitioner is not apprehended on spot. Petitioner is innocent and has committed no offence as alleged in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submits that co-accused Laxmi Devi has already been granted bail vide Cr. Misc. No. 20994 of 2023 by a co-ordinate bench of this Court and the case of present petitioner stands more or less on similar footing.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, petitioner is not apprehended on spot, argument advanced on behalf of the parties, co-accused has already been granted bail and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II cum Special Judge Excise Act, Madhubani in connection with Rahika P.S. Case No. 07 of 2023, G.R. No.

Patna High Court CR. MISC. No.37204 of 2023(2) dt.14-06-2023 3/3 101/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T