Chandan Kumar @ Bahiru @ Baihra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 2257 of 2020 Arising Out of PS. Case No.-65 Year-2019 Thana- BHADAUR District- Patna ====================================================== Chandan Kumar @ Bahiru @ Baihra Son of Late Bechan Mahto Resident of Village- Darbey, P.S.- Bhadaur and District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bhadaur Police Station (for brevity, PS) Case No 65 of 2019 instituted for the offence punishable under Section (s) 30 (a) of Bihar Prohibition and Excise Act, 2016.

On alleged recovery of 20 liters of country made liquor from the petitioner and one co-accused, they have been apprehended while moving on a motorcycle. Petitioner's counsel submits that it is a false case. Petitioner has no concern with the seized motorcycle and liquor. There is non-compliance with the procedure under Section 100 of Criminal Procedure Code. It is also submitted that the petitioner has no criminal

Patna High Court CR. MISC. No.2257 of 2020(2) dt.16-01-2020 2/2 antecedent and he is in custody since 19.09.2019. Learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Special Case No 8411 of 2019 arising out of Bhadaur PS Case No 65 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T