Patna High CourtCR. MISC./88541/2024bail granted

Deepak Kumar Chaudhary@ Deepak Chaudhary v. The State Of Bihar

2025-02-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88541 of 2024 Arising Out of PS. Case No.-578 Year-2024 Thana- MASHRAK District- Saran ====================================================== Deepak Kumar Chaudhary@ Deepak Chaudhary S/o- Late Ashok Chaudhary R/o- Purushotampur Ps- Janta Bajar Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirtunjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mashrakh P.S. Case No. 578/2024 dated 16.10.2024 registered for the offences punishable u/ss 30(a), 33, 34(a), 34(b), 37(a), 37(b), 47 and 34 of the Bihar Prohibition and Excise Act and Sections 123, 105, 110, 61(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, one Islamuddin Ansari died due to consumption of poisonous liquor. It is further alleged that the petitioner and the other co-accused persons are involved in the business of illicit liquor.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.88541 of 2024(2) dt.24-02-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 21.10.2024. The co-accused has been granted regular bail by this Court vide order dated 17.02.2025 passed in Cr. Misc. No. 88367 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Mashrak P.S. Case No. 578/2024 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.88541 of 2024(2) dt.24-02-2025 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T