← Library
Patna High CourtCR. MISC./73214/2024allowed

Chandra Shekhar Azad v. The State Of Bihar

2024-10-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73214 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- Pura police station District- Gaya ====================================================== Chandra Shekhar Azad Son of Late Suresh Singh R/O Vill.- Ark Dhibariya, P.S.- Tekari, Dist.- Gaya ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 132/62 of the Bhartiya Nyaya Sanhita and section 37 of the Bihar Prohibition and Excise Act.

3. Allegedly, 3-4 persons including the petitioner were found making nuisance in drunken position and when the police caught those persons, they started scuffle and in the meantime, the petitioner fled away from the spot.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either

Patna High Court CR. MISC. No.73214 of 2024(2) dt.24-10-2024 2/2 with the alleged occurrence. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of disclosure of his name by the apprehended co-accused persons. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Court below, where the case is pending/Successor court, in connection with Pura P.S. Case No.45 of 2024, subject to the condition as laid down under Section 482(2) BNSS, 2023. (Anjani Kumar Sharan, J) pallavi/- U T