Chandan Kumar @ Samkas @ Samkas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11330 of 2023 Arising Out of PS. Case No.-1235 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Chandan Kumar @ Samkas @ Samkas Kumar Son Of Ram Narayan Choudhary R/V- Chaudhary Tola, P.S- Muffasil, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 891.36 liters of foreign liquor is said to have been recovered near the Basa of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. He submits that there is no compliance of mandatory provisions of Section 100 of the Cr.P.C. Petitioner has two criminal antecedent as mentioned in para-3 of this

Patna High Court CR. MISC. No.11330 of 2023(2) dt.26-04-2023 2/3 application.

Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Khagaria (Muffasil) P.S. Case No. 1235 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the

Patna High Court CR. MISC. No.11330 of 2023(2) dt.26-04-2023 3/3 aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) devendra/- U T