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Patna High CourtCR. MISC./174/2022bail granted

Dinesh Chandra @ Dinesh Chandar v. The State Of Bihar

2022-05-30Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.174 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- CHAKAI District- Jamui ====================================================== DINESH CHANDRA @ DINESH CHANDAR Son of Bhalchandra Resident of Village- Kanethu Bujurg, P.S.- Sonha, District- Basti (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under sections 272, 273 of the Indian Penal Code and sections 30(A), (F), 32(2), 32(3), 36, 41(1), 41(2) of Bihar Prohibition and Excise Act.

As per allegation, three persons were taking tea near a Bolero vehicle and 2720 liters of spirit was recovered from a truck. Learned counsel for the petitioner has submitted that the petitioner was neither owner nor driver of the truck. He submitted further that the petitioner is a person of clean antecedents and he is in

Patna High Court CR. MISC. No.174 of 2022(2) dt.30-05-2022 2/2 custody since 22.10.2021.

Considering the clean antecedents and the period of custody of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cum- Special Jude, Excise, Jamui in connection with Chakai P.S. Case no. 217 of 2021, subject to the following conditions:- 1.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. 2.

At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) s.hassan/- U T