Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8973 of 2022 Arising Out of PS. Case No.-505 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== Chandan Kumar Son Of Tanik Sharma, Resident Of Village- Sabnahua, Bawan Bigha, Police Station- Harnaut, District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-06-2022 Heard counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Harnaut P.S. Case No. 505 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. Learned counsel for the petitioner submits that charge sheet has already been filed in this case and petitioner is in custody since 04.01.2022 having no criminal antecedent. He further submits that the total recovery alleged to be made is 118.230 litres of english wine but not from the conscious possession of the petitioner.

Learned A.P.P. has opposed the prayer for bail. Considering the facts of the case and after perusal of records as well as this aspect that charge sheet has already been

Patna High Court CR. MISC. No.8973 of 2022(2) dt.22-06-2022 2/2 submitted and petitioner is in custody since 04.01.2022 having no criminal antecedent, let the petitioner above named, be granted bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-Vthcum-Exclusive Special Excise Court-I, Biharsharif, Nalanda in connection with Harnaut P.S. Case No. 505 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. Accordingly, the bail application stands disposed of. (Dr. Anshuman, J) ravishankar/- U