Chandan Kumar @ Chandra Bhushan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40765 of 2021 Arising Out of PS. Case No.-153 Year-2018 Thana- KASHICHAK District- Nawada ====================================================== Chandan Kumar @ Chandra Bhushan Sharma S/o Arjun Singh R/o Chandinama, P.S.- Kashichak, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Kashichak P.S. Case No. 153 of 2018, registered for the offence under Section 272 / 273 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act.

1106 liters & 280 ml. of country-made liquor has been recovered from a school and this petitioner alongwith other co-accused are alleged to have kept the aforesaid liquor in the school.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the school and petitioner has got no concern either with the seized liquor or school. Petitioner claims clean antecedent and he is in custody since 08.06.2021.

Patna High Court CR. MISC. No.40765 of 2021(2) dt.21-10-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 Additional District and Sessions Judge II cum Special Judge, Nawada in connection with Kashichak P.S. Case No. 153 of 2018, on the following conditions:

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

(2) 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."

(Prabhat Kumar Singh, J.) anay U T