Chandan Kumar @ Right v. The State Of Bihar
Patna High Court Cr.Misc. No.7408 of 2017 (2) dt.18-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7408 of 2017 Arising Out of PS.Case No. -294 Year- 2016 Thana -BEUR District- PATNA ====================================================== Chandan Kumar @ Right, Son of Arjun Prasad, Resident of Harishchandra Nagar, Sipara, P.S. Beur, Distt. Patna .... .... Petitioner
Versus
The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jyoti Ranjan Jha For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Beur P.S. Case No. 294 of 2016 registered for the offence punishable under Section 30 of the Bihar Excise Act.
Allegedly, 13.25 liter of foreign liquor was recovered from the house of co-accused Sintu Kumar and he confessing his guilt stated the name of the petitioner.
Submission is of false implication and that co-accused Sintu Kumar has already been allowed bail vide order dated 06.03.2017 passed in Cr. Misc. No. 6862 of 2017 by another coordinate Bench of this Court, the petitioner is suffering in custody since 20.01.2017, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and
Patna High Court Cr.Misc. No.7408 of 2017 (2) dt.18-03-2017 nothing has been recovered from possession of the petitioner. Learned APP submits that co-accused Sintu Kumar has already been allowed bail.
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 Sub-Judge VIIIth - cum- A.C.J.M., Patna in connection with Beur P.S. Case No. 294 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