Chandan Kumar @ Chandan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5739 of 2023 Arising Out of PS. Case No.-13 Year-2022 Thana- MORO District- Darbhanga ====================================================== CHANDAN KUMAR @ CHANDAN KUMAR SAH Son of Ram Pramod Sah @ Pramod Sah, R/v- Khaparpura, P.O.- Araila, P.S.- Moro, DistrictDarbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Moro P.S. Case No. 13 of 2022, registered for offence punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code and section 30 (a) of the Bihar Prohibition and Excise Act.

As per allegation, the accused persons Vikash Kumar, Suman Thakur, Mukund Mishra and Chandan Kumar (petitioner), who were involved in illicit business of liquor, were unloading a truck. On raid, co-accused Rajeev Kumar, Shrawan Kumar and Awadhesh Kumar were arrested and 3585.280 litres of illicit liquor was recovered from three vehicles. The learned counsel for the petitioner has submitted that the case of the petitioner is on exactly similar footing of co-

Patna High Court CR. MISC. No.5739 of 2023(3) dt.29-04-2023 2/2 accused Vikash Kumar, who has been granted bail by a coordinate Bench of this Court in Cr. Misc. 44769 of 2022 and other accused persons have also been granted anticipatory bail. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise II, Darbhanga in connection with Moro P.S. Case No. 13 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T