Chitranjan Chaurasiya v. The State Of Bihar

Patna High Court Cr.Misc. No.3529 of 2017 (2) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3529 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== Chitranjan Chaurasiya Son of Sangam Lal Chaurasiya resident of VillageJandaha Bariya tola, P.S. Industrial Area, District- Vaishali.... Petitioner

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Industrial Area P.S. Case No. 106 of 2016 registered for the offences punishable under Sections 414/34 of the Indian Penal Code, Sections 25(1-b)A, 26 of the Arms Act and Sections 53, 47A of Excise Amendment Act, 2016.

Allegedly, from possession of the petitioner 30 live cartridges, 33 bottles each containing 200 ml. country made liquor and one bottle half filled liquor, cash of Rs. 44,000/-, one motorcycle and five mobile sets were recovered. Submission is of false implication and that the motorcycle is of the petitioner, the cash was given by the father of the petitioner, all the mobiles are of the petitioner and he has got

Patna High Court Cr.Misc. No.3529 of 2017 (2) dt.27-02-2017 no concern with the cartridges and liquor, only with a view to implicate the petitioner those recovery have been shown, the petitioner is in custody since 02.09.2016 and now by remaining in custody he has sufficiently been penalized.

Learned APP submitted that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Smita Raj, J. M. Ist Class, Vaishali in connection with Industrial Area P.S. Case No. 106 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T