Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6058 of 2023 Arising Out of PS. Case No.-392 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ====================================================== 1.

Chandan Kumar Son of Vijendra Mandal R/V- Lokaha, Ward No. 13, P.SLokaha Dist- Supaul 2.

Om Prakash Kumar Son of Late Gauri Shankar Yadav R/V- Kajaha, Ward No. 13, P.S- Lokaha Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 1.

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

2.

Petitioners seek regular bail in connection with Excise P.S. Case No. 392 of 2022 dated 09.12.2022 registered for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioners are that as per the allegation 97.560 litres of illicit country made foreign liquor is stated to have been recovered from two cars and petitioners and two other co-accused persons are stated to have been arrested from the spot and out of them two co-accused persons namely, Sonu Kumar and Sanjeev Kumar carrying similar nature of allegation have been granted

Patna High Court CR. MISC. No.6058 of 2023(2) dt.29-04-2023 2/2 bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. No. 2154 of 2023 and against petitioner no. 1 there is criminal antecedent of one case in which he is on bail and against petitioner no. 2 there is no criminal antecedent and both the petitioners have been languishing in jail since 09.12.2022 and against them the investigation has been completed. 4.

Learned APP for the State has opposed the bail prayer of the petitioners.

5.

Considering the above submissions and mainly the privilege of bail having been granted to two co-accused persons mentioned above coupled with the submission of chargesheet against the petitioners, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned Court in connection with Excise P.S. Case No. 392 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T