Patna High CourtCR. MISC./36620/2024bail granted

Satyam Kumar v. The State Of Bihar

2024-07-26Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36620 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Satyam Kumar son of Late Nagendra Sahani Village- Majhar Godhia tola Pspakridayal Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chakiya P.S. Case No. 43/2024 lodged on 10.02.2024 under Section 08/20B(ii)C/23/25 of the N.D.P.S Act and Section 30(A)/30(D)/34(B)41(I)/41(ii) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, F.I.R. has been lodged against three named accused persons and one unknown including the present petitioner with whom there is recovery of one kilograms of Charas, 5 Litre spirit, English Wine, Medicines are there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.36620 of 2024(3) dt.26-07-2024 2/3 also submits that petitioner has not been apprehended from the place of occurrence and nothing incriminating has been recovered from the possession of the petitioner and upon perusal of the F.I.R. and the Seizure list, the said recovery has been made from the possession of the co-accused Suresh Sahni Counsel further submits that the criminal antecedent of the petitioner is clean and the petitioner is in custody since 11.02.2024.

5. Learned APP for the State opposes the prayer for bail from the record, it transpires that police has lodged this F.I.R. on 10.02.2024 and one seizure has been made on 10.02.2024 and another seizure has been made on 11.02.2024 in which another accused Ajay Kumar has been made accused and the name of Ajay Kumar is not in the F.I.R. column. Trial Court is directed to verify at his own level.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-Excise Court No. 3, East Champaran, Motihari in connection with Chakiya P.S. Case No. 43/2024 subject to the condition laid down under

Patna High Court CR. MISC. No.36620 of 2024(3) dt.26-07-2024 3/3 Section 437(3) of the Cr.P.C.

(Dr. Anshuman, J) sunnykr/- U