Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36921 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== CHANDAN KUMAR S/o Late Dinesh Rai Resident of Village- Chainpur, P.S.- Katra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Katra P.S. Case No. 54 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 26.250 litres of foreign liquor has been recovered from field of one Ramesh Thakur.

It is submitted that no recovery has been made from conscious possession of this petitioner and he has been arrested on the basis of confessional statement of co-accused persons. The field belongs to one Ramesh Thakur from where recovery has been made and petitioner has got no concern with the seized

Patna High Court CR. MISC. No.36921 of 2021(2) dt.17-09-2021 2/2 liquor. Petitioner is in custody since 27.03.2021. Chargesheet has already been submitted.

Considering the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur in connection with Katra P.S. Case No. 54 of 2021, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T