Patna High CourtCR. MISC./19731/2024bail granted

Chandra Shekhar Kumar v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19731 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Chandra Shekhar Kumar Son Of Govind Rai R/O-Lal Pokhar, Dighi, P.S.- Hajipur Sadar, Distt.-Vaishali At Hajipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Ganga Bridge P.S. Case No. 270 of 2023, instituted for the offences punishable under Sections 467, 468, 471, 420, 120(B), 34 of the Indian Penal Code, Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 981.360 liters liquor was recovered from pick-up vehicle and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.19731 of 2024(2) dt.15-03-2024 2/3 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner has no concern with the seized vehicle, rather the petitioner hired another vehicle which was intercepted by the police party. The petitioner is in custody since 09.12.2023 and has got three criminal antecedents in which the petitioner is on bail in two cases. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ganga Bridge P.S. Case No. 270 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.19731 of 2024(2) dt.15-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T