Karu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41529 of 2022 Arising Out of PS. Case No.-317 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== KARU CHAUDHARY S/O JUGESHWAR CHAUDHARY R/o VillageMohalla- Devisarai, P.S.- Deep Nagar District- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defect(s) if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Deep Nagar P.S. Case No. 317/2021, lodged under Section 30(a) of the Bihar Prohibition & Excise Act.

As per prosecution case, total recovery of 390 litres of desi wine was made from the petitioner possession. Learned counsel for the petitioner submits that initially petitioner was granted provisional bail but his provisional bail continue only up to 08.02.2022 and thereafter he surrendered before the Court on 19.02.2022, since then he is in custody. He further submits that charge-sheet has already

Patna High Court CR. MISC. No.41529 of 2022(2) dt.27-08-2022 2/3 been filed in this case he has having clean antecedent. Learned APP for the State opposes the prayer for bail. In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (rupees thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise 1st Nalanda at Bihar Sharif in connection with Deep Nagar P.S. Case No. 317/2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

(A.) The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

(B.) One of the bailor shall be close relative who shall file affidavit before the Court about his relation with the petitioner.

(C.) The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present

Patna High Court CR. MISC. No.41529 of 2022(2) dt.27-08-2022 3/3 bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) Ranjeet/- U T