Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6638 of 2019 Arising Out of PS. Case No.-685 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Chandan Kumar Singh, aged 27 years (M), Son of Bachcha Singh, Resident of Village-Hasanpur, P.S.-Chhatauni, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 28.11.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is to the effect that on 27.11.2018, on the basis of secret information, the raid was laid when the petitioner was found unloading illicit liquor from a Tata Sumo vehicle. From the said vehicle, 432 litres of foreign liquor was recovered.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case. It is further submitted that the vehicle in

Patna High Court Cr.Misc. No.6638 of 2019(2) dt.06-02-2019 2/2 question does not belong to the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner was found unloading the illicit liquor from the seized vehicle. Considering the fact that recovery has been made from a vehicle and the prosecution report does not suggest the name of the owner of the said vehicle, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judgecum-Special Judge, Excise Act, East Champaran, Motihari in connection with Excise Case No. 685 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T