Patna High Court
Chandra Bhushan @ Chandra Bhushan ... vs The State Of Bihar on 3 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31948 of 2020
Arising Out of PS. Case No.-127 Year-2017 Thana- BANKA District- Banka
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1. Chandra Bhushan @ Chandra Bhushan Kumar @ Piter Kumar @ Piter
Yadav, Age-22 years, Male, S/O Sudhir Yadav
2. Rupak Yadav, Age-25 years, Male, S/o Diwakar Yadav
Both R/o Vill- Salarpur, P.S.- Parbatta, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the State : Mr. Nagendra Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 03-03-2021
The matter has been heard via video conferencing.
2. Heard Mr. Dhananjay Kumar Pandey, learned
counsel for the petitioners and Mr. Nagendra Prasad, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
3. The petitioners apprehend arrest in connection with
Banka (Barahat) PS Case No. 127 of 2017 dated 03.03.2017,
instituted under Sections 30(a)/35(c) of the Bihar Prohibition
and Excise Act, 2016.
4. The police on secret information had seized 1088
bottles of liquor from the Bolero Car and two persons were
caught sitting inside the same. The petitioners have been named
as persons who were escorting the Bolero on Honda Car and
had managed to escape.
Patna High Court CR. MISC. No.31948 of 2020 dt.03-03-2021
5. Learned counsel for the petitioners submitted that
they are innocent and have been falsely implicated as there was
rivalry between the two parties. It was submitted that the
petitioners are not connected with the recovered article and also
no recovery has been made from any place owned by them. It
was submitted that the petitioners have no criminal antecedent.
It was also submitted that similarly situated co-accused Sonu
Yadav @ Sonu Kumar and Ajit Yadav @ Ajit Kumar @ Sujit
Kumar have been granted bail by a coordinate bench on
07.01.2021 in Cr. Misc. No. 31457 of 2020. Similarly, it was
submitted that another co-accused Ramdeo Kumar @ Mantu has
been granted bail by a coordinate bench on 21.10.2020 in Cr.
Misc. No. 27238 of 2020.
6. Learned APP submitted that the petitioners were the
persons who were escorting the Bolero vehicle from which there
has been recovery of liquor.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.31948 of 2020 dt.03-03-2021
of the learned IInd Additional Sessions Judge, Banka in Banka
(Barahat) PS Case No. 127 of 2017, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 and further (i) that one of the bailors shall be a close
relative of the petitioners, (ii) that the petitioners and the bailors
shall execute bond with regard to good behaviour of the
petitioners, and (iii) that the petitioners shall also give an
undertaking to the Court that they shall not indulge in any
illegal/criminal activity, act in violation of any law/statutory
provisions, tamper with the evidence or influence the witnesses.
Any violation of the terms and conditions of the bonds or the
undertaking shall lead to cancellation of their bail bonds. The
petitioners shall cooperate in the case and be present before the
Court on each and every date. Failure to cooperate or being
absent on two consecutive dates, without sufficient cause, shall
also lead to cancellation of their bail bonds.
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
