Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71840 of 2021 Arising Out of PS. Case No.-725 Year-2021 Thana- ARARIA District- Araria ====================================================== Ajay Chaudhary Son Of Narayan Chaudhari Resident Of Village - Charaiy, Ward No. 13, P.S. - Bhargama, Distt.- Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Subhesh Pandey, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-06-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Araria P.S. Case No. 725 of 2021 registered for the offences punishable under Sections 30(a), 36, 41 of Bihar Prohibition and Excise (Amendment) Act, 2018. He is in custody since 23.08.2021 and has no criminal antecedent. Learned counsel for the petitioner submits that as per the prosecution story, the informant while on vehicle checking duty intercepted one Tata 407 four wheeler commercial vehicle from which total 948 liters of illicit liquor was recovered and two persons namely Ajay Chaudhary (petitioner) and Pankaj

Patna High Court CR. MISC. No.71840 of 2021(2) dt.16-06-2022 2/3 Kumar Sharma (Khalasi of the vehicle) were apprehended. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner being driver of the vehicle in question has no knowledge about the loaded illicit liquor. The petitioner has remained in custody since 23.08.2021 having no criminal antecedent.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the submission that the petitioner happened to be the driver of the vehicle in question from which 948 liters of illicit liquor was recovered but in connection with the said case the petitioner has remained in custody since 23.08.2021, he has no criminal antecedent, investigation against him is complete and his presence may be secured in course of trial, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd Special Judge Excise, Araria in connection with Araria P.S. Case No. 725 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.71840 of 2021(2) dt.16-06-2022 3/3 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 steps 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. The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: the ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during pandemic period all concerned shall act on the basis of the copy of the order uploaded on the high court website under the heading 'judicial orders passed during the pandemic period'.