Karu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39208 of 2020 Arising Out of PS. Case No.-126 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== Karu Choudhary, Son Of Late Bhutku Choudhary, Resident Of Mohalla- Pasi Tola, Ishakchak, P.S.- Ishakchak, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-02-2021 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Lodipur P.S. Case No.126 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

253 litres illicit liquor is alleged to have been recovered from a Bolero vehicle. Petitioner is said to be fleeing away from the vehicle in question.

Petitioner's counsel submits that being a bona fide passer-by, he has become a victim of circumstances. He has no criminal antecedents and recovery is from a vehicle and the petitioner has no concern with the same. There is no compliance of Section 100 Cr.P.C. and is in custody since 29.09.2020.

Patna High Court CR. MISC. No.39208 of 2020(2) dt.08-02-2021 2/3 Learned APP for the State has opposed the prayer for bail Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-II-cumSpecial Judge (Excise Act), Bhagalpur, in connection with Lodipur P.S. Case No.126 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings

Patna High Court CR. MISC. No.39208 of 2020(2) dt.08-02-2021 3/3 regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T