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Patna High CourtCR. MISC./72979/2024allowed

Chaman Singh @ Rajnish Singh v. The State Of Bihar

2024-10-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72979 of 2024 Arising Out of PS. Case No.-520 Year-2024 Thana- MASHRAK District- Saran ====================================================== Chaman Singh @ Rajnish Singh Son of Akhileshwar Singh @ Jiut Sangh @ Jiut Singh Resident of Village- Chhapiya, P.S.- Mashrakh/Mashrak, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Learned counsel for the petitioner has filed the supplementary affidavit today in the Court.

2. Let it be kept on record.

3. Heard learned counsel for the petitioner and learned A.P.P. for the State.

4. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 13.140 litres of foreign liquor and 360 liters of sprit is said to have been recovered from the place of occurrence. He submits that there is no specific overt act against the petitioner. Petitioner has two

Patna High Court CR. MISC. No.72979 of 2024(3) dt.28-10-2024 2/3 criminal antecedents of similar nature as mentioned in para-3 of this application.

6. Petitioner is agreed to deposit a sum of Rs.100,000.00 (Rupees One Lakh) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.

7. 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 Mashrakh P.S. Case No. 520 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the

Patna High Court CR. MISC. No.72979 of 2024(3) dt.28-10-2024 3/3 aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.

(Anjani Kumar Sharan, J) devendra/- U T