Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81069 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- MAKER District- Saran ====================================================== CHANDAN KUMAR Son of Sri Ramesh Pd. Rai Resident of Village - Mahesh Chhapra, P.S.- Maker, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 37(B) (C ) of Bihar Prohibition & Excise Act, sections 399,402 of the IPC and sections 25(1-b)a, 26, 35 of the Arms Act. Having no criminal antecedent, it is submitted by counsel for the petitioner that petitioner is in custody since 19.10.2019.

Submission is of false implication. Recovery of Samsung mobile and motorcycle bearing registration no. BR 06AT-6711 is also incorrect as petitioner is owner of the mobile and motorcycle in question.

Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for bail

Patna High Court CR. MISC. No.81069 of 2019(2) dt.10-12-2019 2/2 is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cumSpecial Judge, Excise, Saran at Chapra in Maker P.S. Case no. 167/2019 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T