Chandrahas Kumar @ Fantus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14708 of 2021 Arising Out of PS. Case No.-481 Year-2020 Thana- BELHAR District- Banka ====================================================== Chandrahas Kumar @ Fantus, Son of Girish Prasad Yadav, Resident of Village- Sangrampur, P.S. Sangrampur, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-07-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Belhar P.S. Case No.481 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 70 litres illicit country made liquor has allegedly been recovered from the place from where the petitioner along with two other persons was consuming liquor.

Patna High Court CR. MISC. No.14708 of 2021(2) dt.24-07-2021 2/3 The submission is of false implication and that the recovery is not in accordance with law. The seizure list does not contain the signature of any independent witness and the petitioner is in custody since 18.12.2020.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka, in connection with Belhar P.S. Case No.481 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Patna High Court CR. MISC. No.14708 of 2021(2) dt.24-07-2021 3/3 This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T