Chandan Sah @ Chandan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66554 of 2021 Arising Out of PS. Case No.-249 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== CHANDAN SAH @ CHANDAN GUPTA S/o Yogendra Sah Resident of Village/Mohalla/Town - Kaushlya Chowk, P.S.- Town thana, DistrictGopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in Manjhagarh P.S. Case No.249 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 121.77 litres of foreign liquor has been recovered from a tempo. It is further submitted that the apprehended persons disclosed the name of the petitioner. The petitioner has got no criminal antecedent as stated in para 3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.66554 of 2021(2) dt.01-04-2022 2/3 Petitioner is ready to deposit a sum of Rs.10,000/- (rupees ten thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

Considering the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Excise Judge, Gopalganj in connection with Manjhagarh P.S. Case No.249 of 2021, subject to the conditions:

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bond.

Patna High Court CR. MISC. No.66554 of 2021(2) dt.01-04-2022 3/3

(4) The bail bond of the petitioner shall be accepted by learned court below on showing receipt of deposit of Rs.10,000/- (rupees ten thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code153, IFSC Code-SBIN0000153. (Anjani Kumar Sharan, J.) Sanjay/- U T