Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17664 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- GORAUL District- Vaishali ====================================================== CHANDAN KUMAR Son of Durga Rai Resident of Village - Abbakkarpur Fular, P.S. - Mahua, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha,Adv For the Opposite Party/s :

Mr.Kalyan Shankar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-07-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State in the virtual Court proceeding. Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a),36,41(i) of Bihar Prohibition and Excise (Amendment) Act, 2018 read with Sections 420,467,468,471,120B of the IPC.

Recovery is of 4950 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR as well as seizure list that nothing has been recovered from conscious

Patna High Court CR. MISC. No.17664 of 2022(2) dt.22-07-2022 2/3 possession of the petitioner rather the recovery has been made from the Truck in question and the petitioner has no concern at all with the Truck in question and the petitioner is neither the driver nor the owner of the Truck in question and the similarly situated co-accused, namely, Pankaj Kumar has been granted bail by this Hon'ble Court vide order dated 14.07.2022 passed in Cr. Misc. No.17337 of 2022 and the petitioner is in custody since 17.01.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Goraul (Kathara O.P) P.S. Case No. 19 of 2022, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.17664 of 2022(2) dt.22-07-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T