Patna High CourtCR. MISC./22962/2024bail granted

Chandrasen Kumar @ Chintu v. The State Of Bihar

2024-03-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22962 of 2024 Arising Out of PS. Case No.-183 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Chandrasen Kumar @ Chintu S/o Rajesh Mahto R/o Vill - Harichak Sanjat, P.S. - Bhagwanpur, Dist. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhusan Poddar, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bhagwanpur P.S. case No. 183 of 2022 instituted for the offences under Section 30(A) of the Bihar Prohibition and Excise Act in which Section 120(B) of the Indian Penal Code was added later on.

3. The prosecution case, in short, is that 4143.240 liters liquor was recovered from the truck in question.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The F.I.R. has been instituted against unknown. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Murari Singh. No

Patna High Court CR. MISC. No.22962 of 2024(2) dt.22-03-2024 2/3 incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that Charge-sheet has been submitted in this case. The petitioner is in custody since 11.01.2024 and has got three criminal antecedents in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur P.S. case No. 183 of 2022 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 consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.22962 of 2024(2) dt.22-03-2024 3/3 bail bonds of the petitioner.

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