Chandra Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12537 of 2021 Arising Out of PS. Case No.-589 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== CHANDRA SHEKHAR KUMAR SON OF SHIV NATH SHARMA R/o village- Panapur Langa, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr. S.M.Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Hajipur Sadar P.S. Case no. 589 of 2020 registered under section 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on the police personnel raiding the place of occurrence, it is stated that the four accused persons including the petitioner made an attempt to escape but the petitioner was caught. 219.750 litres liquor was recovered from the Maruti Van. Further on raid, 1113.42 litres of liquor

Patna High Court CR. MISC. No.12537 of 2021(2) dt.25-06-2021 2/2 was recovered from the house of the co-accused. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and incorrect. The petitioner was arrested as a result of misunderstanding. Neither he has any concern with the Maruti Van from which the seizure took place nor with the seized liquor. He is in custody since 27.9.2020 and has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in view of the petitioner having remained in custody for about 9 months and having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Hajipur Sadar P.S. Case no. 589 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II - cum - Excise Court, Vaishali at Hajipur.

Spd/- (Partha Sarthy, J) U T