Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5274 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- GANGABRIDGE District- Vaishali ====================================================== Chandan Kumar S/o Sakaldeo Rai @ Sakaldeo Ray R/o Village- Terasiya, P.S.- Gangabridge, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Adv.
For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-03-2025 Heard the parties.
2. The petitioner is in custody in connection with Ganga Bridge P.S. Case No. 150 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act lodged on 30.07.2024 by the informant, Suman Saurabh.
3. As per the prosecution story, the informant alleged that upon information that the accused persons are carrying liquor in cars, it was intercepted and from search of Nano as well as Alto cars, 540 liters of country-made liquor recovered/seized. The accused managed to escape, whereafter the FIR.
4. Learned counsel for the petitioner submits that he has been falsely implicated in the case, nothing has been recovered from his conscious possession nor any of the cars belong to him. Further, without accepting the allegation and/or the outcome of the present petition, learned counsel for the
Patna High Court CR. MISC. No.5274 of 2025(2) dt.19-03-2025 2/3 petitioner submits that he is ready to pay Rs. 20,000/- to the District Legal Services, Vaishali at Hajipur for the beautification of the Civil Court Campus. The last submission is that coaccused, Abhishek Kumar has been granted bail in Cr. Misc. No. 65419 of 2024.
5. Learned APP opposes the prayer submitting that he has criminal antecedent.
6. Considering the aforesaid submissions as also the fact that he does not own either of the vehicle, nothing has been recovered from his conscious possession, one of the co-accused has been granted bail, in that background, this Court is inclined to extend him the privilege of bail with conditions subject to payment of Rs. 20,000/- to the District Legal Services Authority, Vaishali at Hajipur for the beautification of the Civil Court Campus by way of Bank Draft and the receipt has to be submitted before the Trial Court.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 150 of 2024 subject to the following conditions: (i) one of the bailor should be the family
Patna High Court CR. MISC. No.5274 of 2025(2) dt.19-03-2025 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. Let a copy of the order be sent to the learned Principal District and Sessions Judge, Vaishali at Hajipur for his perusal and needful.
(Rajiv Roy, J) Vijay Singh/- U T