Ronit Choudhary @ Rinku Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69105 of 2021 Arising Out of PS. Case No.-80 Year-2020 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Ronit Choudhary @ Rinku Choudhary, S/o Karu Choudhary, R/o villageIshakchak Pasi Tola, 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 :

Mr.Braj Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Ishakchak P.S. Case No. 80 of 2020 registered for the alleged offences under Sections 30(a)/ 38 (d) of the Bihar Prohibition and Excise Act, 2016.

As per allegation, 67 liters of country made liquor was recovered from a rented premise of co-accused Karu Chaoudhary, who was arrested by the police from the spot and, on his disclosure, about 54 liters of foreign liquor was also recovered from the roof of a temple. The petitioner is said to be

Patna High Court CR. MISC. No.69105 of 2021(3) dt.24-06-2022 2/3 carrying the liquor business along with the co-accused persons, however, learned counsel for the petitioner has submitted that the petitioner was not arrested from the spot and nothing has been recovered from his conscious possession. The other coaccused persons, namely, Karu Choudary and Sanjay Choudhary @ Chhotu Choudhary have already been granted bail by a coordinate Bench of this Court vide order dated 03.02.2021 and 29.06.2021 passed in Cr. Misc. Nos. 37432/2020 and 10227/2021 respectively and the petitioner is in custody since 13.03.2021. Regarding the antecedent of the petitioner, learned counsel has submitted that he is also made an accused in five other cases in similar nature, but in all cases, he is on bail. Learned APP has opposed the prayer for bail, submitting that the petitioner is having criminal antecedents in similar nature.

Having regard to the submissions made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Bhagalpur in connection with Ishakchak P.S. Case No.80 of

Patna High Court CR. MISC. No.69105 of 2021(3) dt.24-06-2022 3/3 2020, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed. (ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) V.K.Pandey/- U T