Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72752 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== CHANDAN KUMAR Son of Sanoj Mahto Resident of Village - Lala Tola, Garbhuwa, P.S.- Chanpatia (Sirisiya O.P.), District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is seeking anticipatory bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 78 of 2019 registered under Sections 467, 468,414 of the Indian Penal Code and 30(a)/30(b)/30(c) of Bihar Prohibition & Excise Act, 2016.
Learned counsel for the petitioner submits that the name of the petitioner has transpired in the confessional statement of the co-accused but save and except there is no other material to connect him with the present case, however petitioner has got no criminal antecedent.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.72752 of 2019(2) dt.
18-12-2019 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the name of the petitioner has transpired in the confessional statement of the co-accused but save and except there is no other material to connect him with the present case, no recovery has been made from the house of the petitioner and further that two similarly situated persons have have been granted privilege of anticipatory bail by learned coordinate Bench of this court and the contention of learned counsel for the petitioner having remained uncontroverted by learned Additional Public Prosecutor, let the above-named petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs.
15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 78 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.
(ii) a condition that the person shall not, directly or
Patna High Court CR. MISC. No.72752 of 2019(2) dt.18-12-2019 3/3 indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T