Patna High CourtCR. MISC./9755/2025bail granted

Chandan Kumar @ Chandan Paswan v. The State Of Bihar

2025-03-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9755 of 2025 Arising Out of PS. Case No.-406 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Chandan Kumar @ Chandan Paswan S/O Mahendra Paswan R/o VillageUttar Patti, Tillouthu, P.S-Tillouthu, District-Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Tillouthu P.S. Case No. 406 of 2024 dated 16.12.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, 65 litres of illicit country made liquor kept in two plastic sacks was recovered from the motorcycle and 150 litres of illicit country made liquor was also recovered from another place on the disclosure made by the petitioner and the co-accused, Ranjeet Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not the owner of the seized

Patna High Court CR. MISC. No.9755 of 2025(2) dt.18-03-2025 2/2 vehicle. The petitioner has also no concern with the seized illegal liquor. No incriminating article has been recovered from his possession. There is no statutory compliance of Section 100 of the Cr.P.C. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 17.12.2024. The co-accused has been granted regular bail by this Court vide order dated 27.02.2025 passed in Cr. Misc. No. 7207 of 2025.

5. Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No. II-cumDistrict and Additional Sessions Judge, Rohtas, Sasaram in connection with Tillouthu P.S. Case No. 406 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T