Patna High CourtCR. MISC./39181/2024bail granted

Sandeep Kumar v. The State Of Bihar

2024-05-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39181 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Sandeep Kumar son of Chikaru Sahani Village- Paithaniya Ps- Chakia DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chakia P.S. Case No. 55 of 2024 lodged on 19.02.2024 under Section 272, 273, 414 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, F.I.R. has been lodged against the present petitioner from whom there is recovery of 80 Litre of illicit liquor from the petitioner's motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that motorcycle does not belong to the petitioner and under wrong impression he was using the said motorcycle and in the meantime, police has apprehended him. Counsel

Patna High Court CR. MISC. No.39181 of 2024(2) dt.29-05-2024 2/2 further submits that the criminal antecedent of the petitioner is not clean and there is one case pending against him in which he is on bail. The petitioner is in custody since 19.02.2024.

5. Learned APP for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clen.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 3, East Champaran, Motihari in connection with Chakia P.S. Case No. 55 of 2024 subject to the condition laid down under Section 437(3) of the Cr.P.C.

7. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in Chakia P.S. Case No. 202 of 2022 pending against him.

(Dr. Anshuman, J) Sunnykr/- U