Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46243 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== CHANDAN KUMAR S/O POLICE YADAV R/O VILLAGEBABUSTHAN, PIPRA DEVAS, P.S- BARAUNI, DISTT.- BEGUSARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2024 No one appears on behalf of the petitioner though the State is present.

2. The petitioner is apprehending arrest in connection with Teghra P.S. Case No. 217 of 2023 instituted under Section 30(a) of Bihar Prohibition and Excise Act lodged on 12.07.2023 by the informant, Rameshwar Prasad Yadav.

3. As per the prosecution story, upon secret information, went near the pond of Babloo Yadav and recovered/seized 22 liters of Chulai. Accordingly, the FIR.

4. As per the petition, the alleged recovery is from an open place but due to local politics, the petitioner has been named who do not have criminal antecedent.

5. Learned APP opposes the prayer submitting that his name has cropped in the FIR.

Patna High Court CR. MISC. No.46243 of 2024(2) dt.24-07-2024 2/3

6. Considering the fact that the recovery/seizure is an open place coupled with the fact that he do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Teghra P.S. Case No. 217 of 2023 to the satisfaction of learned Exclusive Special Excise Judge-I, Begusarai subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

Patna High Court CR. MISC. No.46243 of 2024(2) dt.24-07-2024 3/3 (iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T