Kunal Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57422 of 2022 Arising Out of PS. Case No.-210 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== Kunal Chaudhari S/o Late Jitan Chaudhari, Resident of village- Purani Jakkanpur Ramlakhan Mahto Flat, Devi Mandir, P.S.- Jakkanpur, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Special Case No.2234 of 2022 arising out of Jakkanpur P.S. Case No. 210 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, the total recovery of 5 liter country made liquor has been made from red colour bag at the hand of petitioner, which is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.57422 of 2022(2) dt.02-12-2022 2/3 submits that petitioner is in custody since 28.04.2022 and charge sheet has already been filed in this case. He also submits that there are two criminal cases pending against the petitioner, in which he is on bail in both the cases.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this 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, Patna in connection with Special Case No.2234 of 2022 arising out of Jakkanpur P.S. Case No. 210 of 2022, 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 be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.57422 of 2022(2) dt.02-12-2022 3/3 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 bail bond.

With this observation, the bail application stands allowed.

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