Patna High CourtCR. MISC./52927/2023bail granted

Chandan Kumar v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52927 of 2023 Arising Out of PS. Case No.-299 Year-2017 Thana- MASHRAK District- Saran ====================================================== CHANDAN KUMAR S/O WAKIL SINGH R/O VILLAGEHARAKHPURA, PS. TARAIYAN DISTT. SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rajani Kumari For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Mashrakh P.S. Case No. 299 of 2017 dated 20.10.2017 registered for the offences punishable u/s 272, 273 of the Indian Penal Code and 30, 30A, 38 and 41 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 6000 litres of illicit spirit is alleged to have recovered from the truck and the

Patna High Court CR. MISC. No.52927 of 2023(2) dt.24-08-2023 2/3 petitioner and the co-accused persons were indulged in the illegal business of liquor.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to dirty village politics. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The coaccused person has already been granted bail by the Coordinate Bench of this Court vide order dated 8.3.2018 passed in Cr. Misc. No. 60604 of 2017. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.6.2023.

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

7. 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, Saran at Chapra in connection with Mashrakh P.S. Case No. 299 of 2017.

Patna High Court CR. MISC. No.52927 of 2023(2) dt.24-08-2023 3/3

8. The application stands allowed.

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