Patna High CourtCR. MISC./48683/2024bail granted

Chand Ali @ Md. Chand v. The State Of Bihar

2024-08-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48683 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- SUGAULI RAIL PS District- East Champaran ====================================================== Chand Ali @ Md. Chand Son of Mainul Ali Resident of Village - Manikpur, Police Station - Kathayiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 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 Rail Sugauli P.S. Case No. 35 of 2024 dated 06.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, total 4.5 litres of illicit foreign liquor and two live cartridges were recovered from the bag of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.48683 of 2024(3) dt.01-08-2024 2/2 possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The coaccused persons have already been granted regular bail by this court vide order dated 23.07.2024 passed in Cr. Misc. No. 51307 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 07.05.2024.

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, Motihari in connection with Rail Sugauli P.S. Case No. 35 of 2024.

7. The application stands allowed.

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