Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10417 of 2025 Arising Out of PS. Case No.-538 Year-2024 Thana- KHAJEKALA District- Patna ====================================================== Chandan Kumar Son of Vijay Rai @ Vijay Yadav Resident of Sidhi Ghat, Hamam par, PS -Khajekalan District -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Khajekalan PS Case No. 538 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 84 litres of country made liquor was recovered from behind the park. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that the name of the petitioner
Patna High Court CR. MISC. No.10417 of 2025(2) dt.24-02-2025 2/2 has transpired on secret information. The petitioner is in custody since 22.01.2025 and has got three criminal antecedents, the petitioner is on bail on Sl. No. 1 and 3 and he is in acquitted in Sl. No. 2 as mentioned in para 3. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khajekalan PS Case No. 538 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T