Patna High CourtCR. MISC./13462/2024bail granted

Chanchal Sahani @ Shiv Kumar @ Chanchal Chaudhary v. The State Of Bihar

2024-02-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13462 of 2024 Arising Out of PS. Case No.-734 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Chanchal Sahani @ Shiv Kumar @ Chanchal Chaudhary S/o Shivshankar Chaudhary @ Shivshankar Chauhan Resident of Village-Dumwaliya, Ward No. 09, P.S.-Bagaha (Ptkhauli), District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bagaha P.S. Case No. 734 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 113 liters liquor was recovered from two bags which fell down from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged

Patna High Court CR. MISC. No.13462 of 2024(2) dt.28-02-2024 2/2 recovery of liquor. The petitioner is in custody since 25.12.2023 and has got two criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bagaha P.S. Case No. 734 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T