Chandan Kumar @ Abhinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22185 of 2021 Arising Out of PS. Case No.-255 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== CHANDAN KUMAR @ ABHINASH KUMAR S/o Late Dashrath Prasad Singh @ Dashrath Singh R/o village- Khamhar, P.S.- Mufassil, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh, Advocate Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, about 4622 litres of liquor was recovered from a truck and the FIR registered against the owner of the same.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. In the order of the learned Court below, the material that has transpired in course of investigation has been dealt with in detail. The material being used against the petitioner is the alleged confessional statement

Patna High Court CR. MISC. No.22185 of 2021(2) dt.17-09-2021 2/2 of the petitioner made before police which has been recorded in paragraph no.38 of the case diary. It is submitted that the cause of false implication of the petitioner is his antecedent under the Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 4.12.2020 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the material on record and the petitioner having remained in custody for over nine months, the Court directs the petitioner to be enlarged on bail in connection with Mufassil P.S. Case no.255 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) Prakash/- U