Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6776 of 2023 Arising Out of PS. Case No.-317 Year-2020 Thana- MANIYARI District- Muzaffarpur ====================================================== CHANDAN KUMAR S/O BHOLA SAH Resident of village- Chhajan Gonu, P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Maniyari P.S. Case No. 317 of 2020 dated 12.11.2020 registered for the offences punishable under Sections 414, 272 and 273 of the Indian Penal Code and Sections 30(a), 34, 36, 41 and 56(d) of Bihar Prohibition and Excise Act.

The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 284.040 litres of Indian made foreign liquor from a vehicle and two co-accused persons namely Baban Kumar and Rakesh Kumar @ Rakesh Rai, are stated to have been arrested at the spot with the said alleged liquor, who have been granted bail by a co-ordinate Bench of this Court vide orders dated 01.07.2021 and 02.07.2021 passed in Cr. Misc. Nos. 13864/2021 and

Patna High Court CR. MISC. No.6776 of 2023(2) dt.29-04-2023 2/2 15459/2021 respectively and the petitioner was not arrested at the spot and his name came into light in the statements of the arrested co-accused persons and he has been languishing in jail since 21.12.2022 and against him, the investigation has been completed.

Learned APP appearing for the State has opposed the bail prayer.

Considering the above submissions and mainly the privilege of bail having been granted to two co-accused persons, who were arrested at the spot with the alleged liquor and the petitioner's name came into light in the statements of the said co-accused persons and the petitioner is stated to have not been arrested at the spot and against him, the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Maniyari P.S. Case No. 317 of 2020.

(Shailendra Singh, J) annu/- U T