Patna High CourtCR. MISC./35488/2020bail granted

Chitranjan Jha v. The State Of Bihar

2021-01-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35488 of 2020 Arising Out of PS. Case No.-302 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== Chitranjan Jha son of Navin Jha R/o VIllage- Baghari, P.S.- Runisaidpur, District- Sitamarhi ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Sursand P.S. Case No. 302 of 2019, registered for the offence punishable under Sections 30(a), 38 and 41of Bihar Prohibition and Excise Act.

Petitioner's prayer for regular bail was earlier rejected by an order dated 05.03.2020 passed by this Court in Cr. Misc. No. 70106 of 2019.

Petitioner is in custody since 17.08.2019. Allegedly, the police have recovered 431 liters of illicit liquor from a vehicle, which was found crossing Nepal Border moving towards the territory of the State. The other occupants of the vehicle have managed to flee away, whereas the petitioner was apprehended.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.35488 of 2020(2) dt.25-01-2021 2/2 petitioner has argued, with reference to the statement made in paragraph 3 of the application, that the petitioner has no criminal antecedent and since the petitioner has remained in custody for considerable period of time, he may be granted privilege of regular bail as there is no likelihood of the trial being concluded in near future.

Considering the aforesaid submission, this application is allowed.

Let the petitioner, above named, 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 the learned 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Sitamarhi, in Sursand P.S. Case No. 302 of 2019. It is observed that if the petitioner is found by the prosecution indulging in any criminal activities, it shall be at liberty to approach this Court for cancellation of bail granted by virtue of the present order.

(Chakradhari Sharan Singh, J) Pawan/- U T