Patna High Court - Orders
Suraj Chaudhary vs The State Of Bihar on 2 November, 2022
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26409 of 2022
Arising Out of PS. Case No.-3 Year-2022 Thana- GOVERNMENT OFFICIAL COMP.
District- Vaishali
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SURAJ CHAUDHARY S/o Basdev Chaudhary R/o village- Totha, Ward No.
11, P.S.- Lalganj, District- Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Prakash Chandra, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-11-2022Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(A), 30(B), 30(C) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Recovery is of total 200 liters of country made liquor. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. itself that total 200 liters of Desi Chulai liquor was recovered Patna High Court CR. MISC. No.26409 of 2022(2) dt.02-11-2022 2/3 from the hut backside of the house of the petitioner. He further submits that nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern at all with the alleged recovery.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one criminal antecedent other than the present one.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with C2A Case No. 3/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail Patna High Court CR. MISC. No.26409 of 2022(2) dt.02-11-2022 3/3 bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
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 step 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.
(Rajesh Kumar Verma, J) mdrashid/-
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