Subodh Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67971 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- KORHA District- Katihar ====================================================== Subodh Chaudhari, Son of Sagar Chaudhari Resident of Village- Krishna Niketan School, Ashok Jakariyapur, P.S- Ramkrishna Nagar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur- Advocate Ms. Vaishnavi Singh- Advocate For the State :
Mr. Chandra Bhushan Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1500 litres of codeine syrup from a truck.
4. The learned counsel for the petitioner submits that petitioner, being owner of the truck, has been implicated in the instant case by the informant. It is also submitted that the truck of the petitioner was hired by a Logistics Company
2/4 namely RIVIGO for a trip from Chhoti Pahari, Patna to Purnea and the invoice along with Trip Hire Contract and Trip Detail, E-way Bill all were generated by the said company as would manifest from Annexure- P/4 series to the petition and was handed over to the petitioner and on the basis of the said contract, the consignment was loaded on the vehicle of the petitioner which were packed in carton and the driver left for delivering the same to Purnea. It is also submitted that petitioner is a businessman and no businessman would indulge in an occurrence which brings disrepute to his business. It is also submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated.
5. Learned A.P.P. Sri Chandra Bhushan Prasad fairly submits that he had sought instruction from Manu Kumar Ojha, the Investigating Officer of the case, who disclosed that till date, no material transpired during the course of investigation connecting the petitioner with the offence.
6. The learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence
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7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-Exclusive Special Excise Court No.2, Katihar in connection with Korha P. S. Case No.61 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
9. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons. 10.
Further, it is made clear that in the event, if charge-sheet is filed connecting the petitioner with the offence in that event, the present anticipatory bail order shall loose its
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11.
Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T