Chandan Kumar Sagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70300 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- MANJHI District- Saran ====================================================== Chandan Kumar Sagar aged about 20 years, Male, Son of Munna Ram Resident of Village - Sultanpur, Bairiya, P.S. - Shadiyabad, District - Gazipur (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Manjhi P.S. Case No. 256 of 2019 registered for the offence under Section 30, 30(g), 38(i)(ii) of Bihar Prohibition and Excise Act, 2016. In this case, 19 liters of foreign liquor is said to have recovered from the motorcycle of the petitioner. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from conscious possession of the petitioner. It is further submitted that mandatory provision of Section 100 Cr.P.C. has not been followed with respect to search and seizure. There is also no allegation against the petitioner of tampering with the evidence and petitioner is in custody since 02-09-2019,

Patna High Court CR. MISC. No.70300 of 2019(2) dt.29-01-2020 2/2 having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged 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 2nd Additional Sessions Judge, Saran in connection with Manjhi P.S. Case No. 256 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T