Chandrasen Kumar @ Chintu Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Chandrasen Kumar @ Chintu Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail in Bhagwanpur P.S. Case No. 183 of 2022 on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below, subject to conditions: (I) one bailor shall be an own/close member of the petitioner's family; (II) petitioner shall appear on each and every date fixed at the trial, and on default on two consecutive dates the Trial Court may cancel the bail bonds.

Issue for consideration

Whether the petitioner, implicated in Bhagwanpur P.S. Case No. 183 of 2022 (Section 30(A) Bihar Prohibition and Excise Act, with Section 120(B) IPC added later) following recovery of 4143.240 litres of liquor from a truck, should be released on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court granted bail to the petitioner in Bhagwanpur P.S. Case No. 183 of 2022 on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to conditions including that one bailor be a close family member and that the petitioner appear on every trial date, failing which on two consecutive dates the Trial Court may cancel the bail bonds.

Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J), Criminal Miscellaneous No.22962 of 2024, order dated 22-03-2024: Bail granted to Chandrasen Kumar @ Chintu in Bhagwanpur P.S. Case No. 183 of 2022 (District Begusarai), instituted under Section 30(A) of the Bihar Prohibition and Excise Act with Section 120(B) IPC added later, arising from recovery of 4143.240 litres of liquor from a truck. Counsel submitted the FIR named unknown persons, the petitioner's name surfaced via co-accused Murari Singh's confessional statement, nothing was recovered from his conscious possession, charge-sheet stands filed, custody since 11.01.2024, three criminal antecedents (on bail in each), and alleged non-compliance of Section 100 Cr.P.C. Considering the facts, circumstances and period of custody, bail allowed on bonds of Rs.10,000/- with two like sureties, one bailor to be a close family member, with compulsory attendance at trial and liberty to the Trial Court to cancel bail bonds on absence on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22962 of 2024

Arising Out of PS. Case No.-183 Year-2022 Thana- BHAGWANPUR District- Begusarai

======================================================

Chandrasen Kumar @ Chintu S/o Rajesh Mahto R/o Vill - Harichak Sanjat, P.S. - Bhagwanpur, Dist. - Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Braj Bhusan Poddar, Advocate For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 22-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhagwanpur P.S. case No. 183 of 2022 instituted for the offences under Section 30(A) of the Bihar Prohibition and Excise Act in which Section 120(B) of the Indian Penal Code was added later on.

The prosecution case, in short, is that 4143.240 liters liquor was recovered from the truck in question.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The F.I.R. has been instituted against unknown. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Murari Singh. No

Patna High Court CR. MISC. No.22962 of 2024(2) dt.22-03-2024 2/3

incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that Charge-sheet has been submitted in this case. The petitioner is in custody since 11.01.2024 and has got three criminal antecedents in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur P.S. case No. 183 of 2022 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.22962 of 2024(2) dt.22-03-2024 3/3

bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Pankaj/-

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