Patna High CourtCR. MISC./45019/2024bail granted

Chandan Kumar v. The State Of Bihar

2024-07-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45019 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- BANGARA District- Samastipur ====================================================== Chandan Kumar S/o Harendra Ray R/o Village-Mirjapur, P.S.-Tajpur, Districtsamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bangra P.S. Case No. 47 of 2024 dated 08.04.2024 registered for the offence/s punishable u/ss 279, 337, 338, 307, 353, 471 read with section 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 279 litres of illicit foreign liquor was recovered from the Safari vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle. The petitioner is not named in the FIR. The

Patna High Court CR. MISC. No.45019 of 2024(2) dt.01-07-2024 2/2 name of the petitioner has sprung up in the confessional statement of the co-accused Ram Narayan Mahto. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 25.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Bangra P.S. Case No. 47 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T