Patna High CourtCR. MISC./5628/2020allowed

Chandan Singh v. The State Of Bihar

2020-05-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5628 of 2020 Arising Out of PS. Case No.-649 Year-2019 Thana- MADHAURAH District- Saran ====================================================== CHANDAN SINGH Son of Late Tribhuwan Singh Resident of Village - Pirauta, P.S.- Baniyapur, Dist.- Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2020 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Marhowrah (Gaura O.P.) P.S. Case No. 649 of 2019 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In the instant case there is recovery of 3991.8 litres of liquor from a truck.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner is neither driver nor the owner of the vehicle where from the liquor was seized . The petitioner resides at a residence which is located at 2 kms. away from the place of occurrence. He further submits that nine persons were

Patna High Court CR. MISC. No.5628 of 2020(3) dt.13-05-2020 2/2 made accused alongwith the petitioner and the others have been granted bail as is evident from para 11 of the petition. The petitioner is in custody since 30.11.2019.

Considering the fact that similarly circumstanced other accused have been granted bail as noted in para 11 of the bail petition, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing his personal bond to the satisfaction of the Special Judge, Excise Act, Saran at Chhapra in connection with Marhowrah (Gaura O.P.) P.S. Case No. 649 of 2019 on account of the circumstances prevailing due to lockdown in the wake of Covid-19 pandemic.

(Anil Kumar Upadhyay, J) rishik/- U T