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Patna High CourtCR. MISC./53982/2018dismissed

Chitranjan @ Kalu @ Kallu v. The State Of Bihar

2018-10-03Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53802 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== Tasweer Singh @ Sonu Son of Dharmpal Singh Resident of Village - Sundarpur, P.S. Rohtak, District - Rohtak, State - Hariyana. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 53982 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== Chitranjan @ Kalu @ Kallu S/o Anjani Kumar Singh @ Anjani Singh, R/o Vill.- Dhanaur, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 53802 of 2018) For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Sri Navin Kumar Pandey (In Criminal Miscellaneous No. 53982 of 2018) For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-10-2018 Both the petitions arise out of the same P.S. i.e. Katra P.S. case no. 135 of 2018 and as such they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Katra P. S. Case No. 135

Patna High Court Cr.Misc. No.53802 of 2018(3) dt.03-10-2018 2/3 of 2018 instituted for the offence under Section(s) 272 and 273 Indian Penal Code and Sections 30(A) Bihar Prohibition & Excise Act.

In the written report, it is alleged that police got information that huge quantity of foreign liquor is being unloaded in the house of the Chitranjan @ Kalu @ Kallu (petitioner in Cr. Misc. no. 53982 of 2018). The police reached the place of occurrence and arrested two accused persons, namely Chitranjan @ Kalu @ Kallu and Tasweer Singh @ Sonu (petitioner in Cr. Misc. no. 53802 of 2018). The police seized the huge quantity of foreign liquor from one white colour Maruti Urtica vehicle, Grey colour Swift desire vehicle and Black colour Apachee motorcycle and from the house of Chitranjan @ Kalu @ Kallu as mentioned in the seizure list.

From the seizure list, it appears that huge quantity of foreign liquor is alleged to have been recovered from the possession of petitioner, namely Chitranjan @ Kalu @ Kallu (Cr. Misc. no. 53982 of 2018).Therefore, this Court is not inclined to grant bail to petitioner namely Chitranjan @ Kalu @ Kallu in Cr. Misc. no. 53982 of 2018. Prayer for bail made on behalf of the petitioner, namely, Chitranjan @ Kalu @ Kallu

Patna High Court Cr.Misc. No.53802 of 2018(3) dt.03-10-2018 3/3 stands rejected.

Petitioner, namely, Chitranjan @ Kalu @ Kallu may renew prayer for bail after six months if no substantial progress is made in the trial.

As per the seizure list, which is part of the FIR there is no recovery of any foreign liquor from the possession of petitioner namely Tasweer Singh @ Sonu ( Cr. Misc. no. 53802 of 2018.

Considering the aforesaid, let the petitioner, namely, Tasweer Singh @ Sonu in Cr. Misc. no. 53802 of 2018 be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur, in connection with Katra P. S. Case No. 135 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T