Chinku Kumar @ Sinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68188 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- MOHANPUR District- Samastipur ====================================================== Chinku Kumar @ Sinku Kumar Son of Baijnath Rai @ Mantu Rai Resident of Village - Jalalpur, P.S. - Mohanpur, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Anand For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 274, 275 and 123 of the B.N.S. and Sections 30(a), 33, 34 and 36 of the Bihar Prohibition and Excise Amendment Act, registered in connection with Mohanpur P.S. Case No. 89 of 2024.
3. As per prosecution case, the informant alleged that his elder brother namely Vikash Kumar @ Vikky went in a party with his friends namely Rupesh Kumar, Pankaj Kumar, Nishant
Patna High Court CR. MISC. No.68188 of 2024(2) dt.01-10-2024 2/3 Kumar and Vikram Paswan. He further alleged that in party English liquor was brought by the petitioner and they consumed it and in the night the condition of the informant's brother deteriorated then he was hospitalized where he was declared dead.
4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner is not the supplier of spurious liquor. He submitted that the condition of the petitioner himself became deteriorated due to consumption of said liquor. He himself is the victim. Petitioner has no concern either with the selling of spurious liquor or with the purchasing of the same. Petitioner is a person of clean antecedent and he is in custody since 19.07.2024.
5. Learned APP for the State has opposed the prayer of bail.
6. Considering the above facts and circumstances of the case as well as petitioner having no criminal antecedent, let the petitioner, above-named, 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 learned Special Judge Excise-II, Samastipur in connection with Mohanpur P.S. Case
Patna High Court CR. MISC. No.68188 of 2024(2) dt.01-10-2024 3/3 No. 89 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.
(Nawneet Kumar Pandey, J) Arish/- U T