Chandan Kumar Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.12029 of 2017 (2) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12029 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Chandan Kumar Thakur, S/o Sri Rampal Thakur, resident of MohallaMaharajganj, Madhubani, P.S. and District- Madhubani..... .. Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Baisi P.S. Case No. 179 of 2016 registered for the offences punishable under Section 273 of the Indian Penal Code and Section 30 (a)/41 (1) of Bihar Prohibition and Excise (Amendment) Act. It is submitted that the petitioner and Md. Sabir were apprehended and after search from Maruti car 159 bottles each containing 1 liter Indian Made Foreign liquor were recovered and on query the petitioner disclosed that the Maruti Car is belonging to Chandan Kumar Bharti who had instructed to unload the same at the house of his relation at Purnea.

Submission is of false implication and that in this case similarly situated co-accused Md. Sabir has already been allowed bail vide Cr. Misc. No. 2098 of 2017 by another co-ordinate

Patna High Court Cr.Misc. No.12029 of 2017 (2) dt.27-03-2017 Bench of this Court and as such on that ground the petitioner also deserves sympathetic consideration as he is in custody since 19.10.2016 having no criminal antecedent.

Learned APP is not in a position to distinguish the case of the petitioner from that of co-accused.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- II, Purnea in connection with Baisi P.S. Case No. 179 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T