Chandra Kishor Soren v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26791 of 2022 Arising Out of PS. Case No.-278 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== CHANDRA KISHOR SOREN S/o Laxman Soren R/o village- Kusthan Koti @ Kothi, Santhali Tola, Ward No. 08, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bihariganj P.S. Case No. 278 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 20 litres Chulai liquor from the courtyard of the petitioner. The petitioner is not apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 15.02.2022. Petitioner bears criminal antecedent of four cases of similar nature. Charge sheet

Patna High Court CR. MISC. No.26791 of 2022(2) dt.04-08-2022 2/3 has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the possession of the petitioner. It is further submitted that from the F.I.R. and seizure list it is evident that no one was present at the house. Seizure list has not been made as per law. Petitioner is not apprehended on spot.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, petitioner is not apprehended on spot, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIV-cum-Special Judge, Excise, Madhepura in connection with Excise Case No. 767 of 2020 arising out of Bihariganj P.S. Case No. 278 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.26791 of 2022(2) dt.04-08-2022 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T