Patna High Court - Orders
Kartik Kumar @ Kartik Chaudhary vs The State Of Bihar on 19 October, 2022
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53692 of 2022
Arising Out of PS. Case No.-372 Year-2021 Thana- NAWADA District- Nawada
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Kartik Kumar @ Kartik Chaudhary Son of Shiv Chaudhary Resident of
Village - Amipur, P.s.- Muffasil, Distt.- Nawada.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Adv.
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 19-10-2022Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Nawada (Town) P.S. Case No. 372 of 2021 lodged under Sections 33/34/37(B) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, the allegation of selling spurious wine is against the petitioner which was consumed by some of the persons who become ill and, therefore, the present case has been filed against 7 named accused persons and other unknown accused persons.
Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.53692 of 2022(2) dt.19-10-2022 2/6 petitioner is not named in the F.I.R. but his name has figured in this case by virtue of the confessional statement of the kingpin of this case, that is Arbind Yadav on whose confessional statement the raid has been made from the house of the petitioner and others also. Learned counsel for the petitioner submits that it is true that recovery has been made from the house of different persons but from the house of the petitioner, nothing incriminating was found by the police but by virtue of the confessional statement of the accused, Arbind Yadav, he is in custody since 26.08.2021. Counsel for the petitioner submits that his name is there in 21 cases and all relating to Bihar Prohibition and Excise case except first 2 cases which are of different nature.
Learned counsel for the State opposes the prayer for bail and submits that there are in total 20 cases of excise cases pending against the present petitioner including the present one. He submits that in some cases he is on bail and in some cases he is persuading bail.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner in this case at this stage. But liberty is hereby granted to the petitioner that he shall be released in this case Patna High Court CR. MISC. No.53692 of 2022(2) dt.19-10-2022 3/6 only after framing of charge imposing conditions so that he may not evade from trial.
Speedy trial is the constitutional vision of justice. Admittedly, there are in total 20 criminal cases of Bihar Prohibition and Excise matter (including the present one) pending against the petitioner which belongs to the District and Session Judge Nawada which are as follows:
i. Nawada (Town) P.S. Case No. 602 of 2020 lodged under Sections 30(a)/30(d)/30(g)/33/41/52 of the Bihar Prohibition and Excise Act. ii. Nawada (Town) P.S. Case No. 373 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
iii. Nawada (Town) P.S. Case No. 374 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
iv. Nawada (Town) P.S. Case No. 375 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
v. Nawada (Town) P.S. Case No. 376 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.53692 of 2022(2) dt.19-10-2022 4/6 vi. Nawada (Town) P.S. Case No. 377 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
vii. Nawada (Town) P.S. Case No. 378 of 2021 lodged under Section 33/34/36 of the Bihar Prohibition and Excise Act.
viii. Nawada (Town) P.S. Case No. 382 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
ix. Nawada (Town) P.S. Case No. 383 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
x. Nawada (Town) P.S. Case No. 384 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
xi. Nawada (Town) P.S. Case No. 385 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
xii. Nawada (Town) P.S. Case No. 387 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
xiii. Nawada (Town) P.S. Case No. 403 of 2021 Patna High Court CR. MISC. No.53692 of 2022(2) dt.19-10-2022 5/6 lodged under Sections 30(a)(b)(c)(d) of the Bihar Prohibition and Excise Act.
xiv. Nawada (Town) P.S. Case No. 679 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
xv. Nawada (Town) P.S. Case No. 680 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
xvi. Nawada (Town) P.S. Case No. 681 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
xvii. Nawada (Town) P.S. Case No. 682 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
xviii. Nawada (Town) P.S. Case No. 740 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
xix. Nawada (Town) P.S. Case No. 745 of 2021 lodged under Sections 33/34/36 of the Bihar Prohibition and Excise Act.
xx. Nawada (Town) P.S. Case No. 372 of 2021 lodged under Sections 33/34/36/37(B) of the Bihar Patna High Court CR. MISC. No.53692 of 2022(2) dt.19-10-2022 6/6 Prohibition and Excise Act, 2016. (present case). Let the District and Session Judge Nawada is directed to do the needful so that all the cases pending against the petitioner shall run before Special Court with one date.
Let the copy of this order is communicated to the District and Session Judge Nawada for information and necessary compliance.
With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) sadique/-
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