Patna High CourtCR. MISC./47507/2023bail granted

Kartik Kumar @ Kartik Chaudhary v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47507 of 2023 Arising Out of PS. Case No.-680 Year-2021 Thana- NAWADA District- Nawada ====================================================== KARTIK KUMAR @ KARTIK CHAUDHARY, Son of Shiv Chaudhary Resident of Village-Amipur, P.S.-Mufassil, District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Nawada (Nagar) P.S. Case No. 680 of 2021 dated 01.07.2021 registered for the offences punishable u/ss 33, 34 and 36 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, Bhushan Rajwanshi died after consuming spurious liquor which was purchased from unknown miscreants.

Patna High Court CR. MISC. No.47507 of 2023(2) dt.04-08-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Arvind Yadav. Nothing has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged recovery. The petitioner is accused in eighteen criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 05.04.2021.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 (Nagar) P.S. Case No. 680 of 2021 with the following conditions :- (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

Patna High Court CR. MISC. No.47507 of 2023(2) dt.04-08-2023 3/3 reasonable cause, his bail bonds are liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

8. The application stands allowed.

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