Chandan Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8820 of 2023 Arising Out of PS. Case No.-160 Year-2021 Thana- BAUNSI District- Banka ====================================================== Chandan Shah Son Of Narayan Shah R/O Ward No.- 05, Sakarpura, P.S. And District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishesh Kumar Singh, Advocate Mr. Vishesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), 32(2) of Bihar Prohibition and Excise Act.

It is a case of recovery of total 621.6 liters illicit foreign made liquor from a pickup van bearing Reg. No. BR03GA-0391, driver was arrested on the spot and on his confession name of this petitioner came into light after that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovered wine or with the seized vehicle

Patna High Court CR. MISC. No.8820 of 2023(2) dt.17-04-2023 2/2 because he has already sold it to another person. Petitioner made an agreement for sale of the said pickup van on 14.09.2020 but the purchaser of the pickup van has not submitted his paper before the transport office for transferring his name of the owner of the vehicle. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bounsi P.S. Case No. 160 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional District and Sessions Judge, Banka. (Sunil Kumar Panwar, J) Manish/- U T