Umesh Chaudhary @ Masuk Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73287 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- SALAIYA District- Aurangabad ====================================================== Umesh Chaudhary @ Masuk Chaudhary S/o Late Satendar Chaudhary R/vKhiriyawan, P.S.- Madanpur, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Salaiya P.S. Case No. 37 of 2022 registered for the offence under Sections 272, 273, 304, 120(B) and 34 of the Indian Penal Code (for short 'I.P.C.').

The accused/petitioner is not named in the F.I.R. and is in custody since 16.08.2022.

The allegation against the petitioner is to involve in trading of spurious liquor where after consumption the son of the informant died.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.73287 of 2022(2) dt.20-03-2023 2/3 submitted that the petitioner is not named in the F.I.R. and his name surfaced, during the course of investigation, on the basis of secret input as provided by police spy. It is submitted that as petitioner named in Madanpur P.S. Case No. 256 of 2022 and 253 of 2022 merely on the basis of these criminal antecedents he named in present case without having any connecting evidence as collected during the course of investigation. It is also pointed out that no recovery of spurious liquor made from the possession of this petitioner, as alleged.

While concluding the argument, it has been submitted that petitioner found involved in two criminal cases of similar nature, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP for the State, while opposing the prayer of bail, fairly conceded that the petitioner is not named in F.I.R.

Patna High Court CR. MISC. No.73287 of 2022(2) dt.20-03-2023 3/3 submitted, let the petitioner, above named, is directed to be released on bail in connection with Salaiya P.S. Case No. 37 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Judge, Special Court M.P./M.L.A., Aurangabad/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T