Chandan Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.48676 of 2016 (2) dt.26-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48676 of 2016 Arising Out of PS.Case No. -71 Year- 2016 Thana -SARAN GRP CASE District- SARAN ======================================================

1. Chandan Kumar son of Shambhu Singh resident of mohalla - Shahabad Goriasi, P.S. Sultanganj, District Bhagalpur.

2. Vijay Kumar son of Suresh Sah resident of mohalla - Shahabad Goriasi, P.S. Sultanganj, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Prasad, Advocate.

For the Opposite Party/s : Mr. R.B.Roy, Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-11-2016 Heard Mr. Ajay Prasad for the petitioners and Mr. R B. Roy Raman APP for the State.

The two petitioners along with one other co-accused are alleged to have possessed several bottles of India made foreign liquor. They were occupying a berth and recovery is said to have been made form beneath the berth.

It is stated that the petitioners are in custody since 31.8.2016 having no criminal antecedents. Another co-accused, namely, Jagdish Singh has since been privileged with bail vide order dated 19.10.2016 passed in Cr. Misc. no. 44904 of 2016. In view of the above facts, this Court is inclined to extend the privilege of bail to the petitioners. Let the petitioners,

Patna High Court Cr.Misc. No.48676 of 2016 (2) dt.26-11-2016 named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Rail P.S. Sonepur (Hajipur) case no. 71 of 2016, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioners.

(ii) As soon as the charges are framed the petitioners shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T