Patna High CourtCR. MISC./10783/2023allowed

Chandan Kumar @ Chunnu Mahto v. The State Of Bihar

2023-05-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10783 of 2023 Arising Out of PS. Case No.-12 Year-2021 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== CHANDAN KUMAR @ CHUNNU MAHTO S/O LATE RAM GULAM MAHTO Resident of Village- Uttari Bhadas, P.S.- Muffasil, DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1209.6 liters foreign liquor from half constructed house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.10783 of 2023(2) dt.04-05-2023 2/2 place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner himself surrendered before learned court below on 9.12.2022 and since then, he is languishing in judicial custody.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise Case No. 12C3/2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge IInd, Khagaria.

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