Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2828 of 2021 Arising Out of PS. Case No.-202 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Chandan Kumar aged about 32 years Son Of Deepnarayan Bhagat Resident Of Village-Satisnagar,P.S-Pasraha, District-Khagariya 2.

Nitish Kumar aged about 26 years Son Of Dilip Choudhary Resident Of Village-Muradpur,P.S-Parbatta, District-Khagariya 3.

Ritesh Choudhary aged about 25 years Son Of Ram Kripal Choudhary Resident Of Village-Babhangama,P.S-Begudsarai, Dist-Begusarai ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Malay Kumar Choudhary, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2021 Heard learned counsel for the petitioners and the State. Petitioners seek bail in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

On the secret information, police intercepted a car and 105.33 liters of foreign liquor has been recovered and three persons including the petitioners were arrested on the spot. Learned counsel appearing for the petitioners submit that the petitioners are innocent and have falsely been implicated in this case by a co-villager. Nothing incriminating has been recovered from the possession of the petitioners and

Patna High Court CR. MISC. No.2828 of 2021(3) dt.18-03-2021 2/2 they nothing to do with the alleged recovery and they were simply passengers of the vehicle. Charge sheet has already been submitted. Petitioners are in custody since 29.9.2020. Considering the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II cum Special Judge, Madhepura in Alamnagar Police Station Case No. 202 of 2020 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T