Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34846 of 2017 Arising Out of PS.Case No. -156 Year- 2017 Thana -FATUHA District- PATNA ======================================================

1. Chandan Kumar son of Raj Kumar Rai, Resident of Village- Jethuli, P.S. Fatuha, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Veena Kumari Jaiswal For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Fatuha P.S.Case No.156 of 2017, registered for offences punishable under Sections 30(A) of Bihar Prohibition Excise Act, 2016.

Allegation against the petitioner is of recovery of 90 ltrs. of liquor from the Tempo.

Submission of the learned counsel for the petitioner is that he is only Driver and he has nothing to do with the seized articles and now he is in custody for about three months. He has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.34846 of 2017 (2) dt.03-08-2017 2/2 circumstances, as stated above, let the petitioner, above named, 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 Spl. Judge, Excise, Patna. in connection with Fatuha P.S.Case No.156 of 2017 dated 11.5.2017 bearing Spl. Case No.1456 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T