Munna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56080 of 2021 Arising Out of PS. Case No.-466 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Munna Chaudhary Son Of Late Yogendra Chaudhary R/O Village- Vishanpur Chandni Chowk, Ward No. 39, P.S.- Town, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Adv For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Town P.S.Case No.466 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The prosecution case, in short, is that on searching the joint family house of the petitioner, 33.690 liters of foreign liquor was recovered.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR itself that

Patna High Court CR. MISC. No.56080 of 2021(2) dt.27-01-2022 2/3 nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the house of the petitioner. He further submits that the house is not belonged to the petitioner. The house is joint family property and the petitioner is in custody since 25.07.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the aforesaid facts and period of custody, 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 learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Town P.S.Case No.466 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.56080 of 2021(2) dt.27-01-2022 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T