Allowed

Kartik Kumar @ Kartik Chaudhary v. The State of Bihar

Patna HC19 Jul 2024CR. MISC./27541/2024

Case brief

AI extract

What is this about?

This court granted bail to the petitioner in a case involving illicit liquor trade. The petitioner was not named in the FIR and was implicated solely on the basis of a co-accused's confession. The court noted the submission of the charge-sheet and lack of independent evidence.

What did the court decide?

Release of the petitioner on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each.

Kartik Kumar @ Kartik Chaudhary Vs The State of Bihar — Property and Title | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27541 of 2024

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Arising Out of PS. Case No.-375 Year-2021 Thana- NAWADA District- Nawada

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======================================================

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Kartik Kumar @ Kartik Chaudhary S/o Shiv Chaudhary Resident of VillageAmipur, P.S. Mufassil, District- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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4 19-07-2024

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Heard learned counsel appearing on behalf of the

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petitioner and learned counsel appearing on behalf of the

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State.

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The petitioner seeks bail in connection with

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Nawada (Nagar) P.S. Case No. 375 of 2021 registered for the offence under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

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The accused/petitioner is not named in the

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F.I.R. and is in custody since 30.11.2022.

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The allegation against the petitioner is to involve

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in illegal activities of illicit liquor alongwith other co-accused persons, where after consumption brother of informant died.

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Patna High Court CR. MISC. No.27541 of 2024(4) dt.19-07-2024 2/3

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Learned counsel appearing on behalf of the

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petitioner submitted that the name of petitioner surfaced in present case during the course of investigation on the basis of confessional statement of co-accused Arbind Yadav, where no incriminating material recovered/surfaced during the course of investigation to connect this petitioner with present occurrence. It is submitted that as petitioner found involved in 22 cases of similar nature, his name also implicated with present case only on the basis of suspicion arises out of those 22 criminal antecedents, wherein also in almost all cases, name of petitioner surfaced on the basis of confessional statement, as of the present case. It is submitted that similarly situated co-accused namely Pappu Yadav has already granted bail by learned Co-ordinate Bench of this Court through Cr. Misc. No. 34364 of 2023 vide order dated 20.05.2023. While concluding the argument, it has been submitted that 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.

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Learned APP opposes the prayer of bail.

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Patna High Court CR. MISC. No.27541 of 2024(4) dt.19-07-2024 3/3

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Considering the facts and circumstances as

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mentioned above, as save and except confessional statement of co-accused no incriminating material recovered/surfaced

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to connect this petitioner with present occurrence of illegal trading of alleged spurious liquor, which cause death of the brother of informant coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 30.11.2022, let the petitioner, above named, is directed to be released on bail in connection with Nawada (Nagar) P.S. Case No. 375 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Nawada/concerned court, subject to the conditions as mentioned under Section 437 (3) of the

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Cr.P.C.

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(Chandra Shekhar Jha, J.)

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S.Tripathi/-

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U T

Kartik Kumar @ Kartik Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kartik Kumar @ Kartik Chaudhary v. The State of Bihar

Case brief

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