Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2671 of 2022 Arising Out of PS. Case No.-308 Year-2021 Thana- PARSA District- Saran ====================================================== CHANDAN KUMAR S/O BIRINDER SINGH R/o village- Bharmarar, P.S.- Parsa, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30, 30(a), 33, 38 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Allegation is of recovery of 1923.48 litres of liquor from a room near a temple in the campus of Girls Primary School.

Learned counsel for the petitioner further submits that petitioner has been falsely implicated in the present case. Petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession and he was falsely

Patna High Court CR. MISC. No.2671 of 2022(2) dt.01-07-2022 2/2 implicated at the instance of local Chawkidar with whom he was on an inimical term.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a person with clean antecedent and the alleged recovery from a place which does not belong to the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parsa P.S. Case No. 308 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T