CHANDAN KUMAR v. The State of Bihar
Case at a glance
Outcome
Allowed
this application is allowed, directing the petitioner, above-
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR Mr. Paras Nath Ms. Dr. Indiwar Kumari ORAL ORDER 2 10-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State. The petitioner seeks bail in connection with Delha P.S. Case No. 393 of 2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation, 72 litres of foreign made liquor was recovered from a Car. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also Patna High Court CR. MISC. No.73098 of 2022(2) dt.10-02-2023 submits that petitioner had no knowledge about the contents of material loaded on the vehicle.
Operative part
He further submits that the petitioner has been languishing in jail since 21.10.2022. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above- named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Addl. Sessions Judge-cum-Exclusive Spl. Excise, Court No.1, Gaya in connection with Delha P.S. Case No. 393 of 2022 on the following conditions: (i) The petitioner will make himself available for Patna High Court CR. MISC. No.73098 of 2022(2) dt.10-02-2023 interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or 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. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.73098 of 2022(2) dt.10-02-2023 (vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the Court below. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. uttam/- U T (Jitendra Kumar, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: this application is allowed, directing the petitioner, above-
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise Act, 2016 — s. 30(a).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.