Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8592 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

Chandan Kumar Son Of Rambilash Mahto R/O Village- Bazar Samiti, Kela Mandi, Panchwati Nagar, P.S.- Bahadurpur, District- Patna 2.

Golu Kumar Son Of Late Dilip Mahto @ Dilip Kuamr R/O Village- Shiv Mandir, Murtuji Ganj, Pani Tanki, P.S.- Mehandiganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners prayed for regular bail in connection with Chainpur P.S. Case no. 279 of 2022 instituted for the offence under Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 636.87 liters illicit country made liquor from a pickup van bearing Registration no. BR01-GL-0176 and the petitioners were arrested on spot.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They has falsely been implicated in this present case. A statement has been made in para-3 of the petition that

Patna High Court CR. MISC. No.8592 of 2023(2) dt.17-04-2023 2/2 the petitioners have got no criminal antecedent. Petitioners have no concern with the alleged recovery of illicit liquor or with the vehicle in question. It is further submitted that petitioners are not the owner of the said vehicle rather petitioner nos. 1 & 2 are driver and co-driver only. No any incriminating article has been recovered from their conscious possession. The petitioners are languishing in judicial custody since 4.11.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Chainpur P.S. Case No. 279 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-cum-A.D.J.-IV, Kaimur at Bhabhua.

(Sunil Kumar Panwar, J) Amandeep/- U T