Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18732 of 2021 Arising Out of PS. Case No.-508 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== CHANDAN SAH SON OF SURENDRA SAH RESIDENT OF VILLAGEPAROO SAHNI TOLA, P.S.- PAROO, DISTRICT- MUZAFFAPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Paroo P.S. Case No. 508 of 2020, registered for the offence punishable punishable under Section 30, 30(a) of the Bihar Prohibition and Excise Act, 2018. On secret information raid was conducted and after seeing the police party the accused persons fled away taking the advantage of darkness and the local Choukidar identified the persons including this petitioner who fled away. On search, 1530.00 litres of foreign liquor has been recovered from a truck which was parked at the door of Mukesh Ram.

It is submitted that nothing has been recovered from

Patna High Court CR. MISC. No.18732 of 2021(2) dt.08-07-2021 2/2 conscious possession of this petitioner. Petitioner was not apprehended on the spot and has got no concern with the alleged recovery. Petitioner claims clean antecedent and he is in custody since 28.11.2020. Chargesheet has already been submitted. Considering the period of custody coupled with the fact that petitioner claims clean antecedent, the petitioner above-named, is directed to be enlarged on 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 Special Judge (Excise Act), Muzaffarpur in connection with Paroo P.S. Case No. 508 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T