Chandan Kumar @ Chandan Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26092 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Chandan Kumar @ Chandan Kumar Gupta S/o- Late Jagan Sah VillMalighat Bharat Mata Chowk BM P-6 Road P.S. - Mithanpur District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tilak Sao, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Special Case No. 62 of 2024 arising out of Ram Krishna Nagar P.S. Case No. 7 of 2024 registered for the offence under Sections 30(a), 30(c), 30(f), 33, 34(B) and 41(i) of the Bihar Prohibition.
3. The prosecution case, in short, is that 3940 liters spirit was recovered from godown.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that petitioner was not arrested on spot and his name was surfaced on the confessional
Patna High Court CR. MISC. No.26092 of 2024(2) dt.08-04-2024 2/3 statement of co-accused person, namely, Uma Shankar Kumar @ Umashankar who has already been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 18082 of 2024 vide order dated 12.03.2024. There is no independent witness of seizure list. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 05.01.2024.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge - II, Excise Act, Patna in connection with Special Case No. 62 of 2024 arising out of Ramkrishna Nagar P.S. Case No. 07 of 2024.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each
Patna High Court CR. MISC. No.26092 of 2024(2) dt.08-04-2024 3/3 and every date before the trial court till conclusion of proceeding of framing of charge.
(Ramesh Chand Malviya, J) saurabhkr/- U T