Chitranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57227 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- NATWAR District- Rohtas ====================================================== Chitranjan Kumar S/o Jag Narayan Singh, R/o Village- Aliganj Tola, P.S.- Suryapura, Distt- Rohtas (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Natwar P.S. Case No. 120 of 2022 registered for the alleged offences under Section 30(a), 33, 36 of Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, the police received secret information about a car carrying illicit spirit from Buxar Line Canal and a lady on Scooty leading that car. The said car and the Scooty were intercepted by the police. Recovery of 200 liters of spirit was made from the said car. The petitioner along with co-accused lady were apprehended whereas another co-

Patna High Court CR. MISC. No.57227 of 2022(2) dt.19-11-2022 2/3 accused made his good escape.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of any of the vehicles and he has no concern with the allegedly recovered spirit. The petitioner is in custody since 28.07.2022 and charge-sheet has been submitted in this case. The petitioner has got no crimnal history.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge-sheet and the period of custody of the petitioner along with his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2-cum-Additional District and Sessions Judge, Rohtas at Sasaram in connection with Natwar P.S. Case No. 120 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.57227 of 2022(2) dt.19-11-2022 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T