Patna High CourtCR. MISC./14689/2023bail granted

Chandan Rai @ Chandan Kumar Roy v. The State Of Bihar

2023-05-09Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14689 of 2023 Arising Out of PS. Case No.-637 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Chandan Rai @ Chandan Kumar Roy, S/o Prabhash Rai, R/v- Marua, Jagir Tola, P.S.- Bihpur (Jhandapur), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Purushottam Kumar Das, Advocate Ms. Rani Swati, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Bihpur (Jhandapur) P.S. Case No. 637 of 2022 dated 11.11.2022 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent, he has been languishing in jail for the last four months, there is no independent witness of the alleged recovery of wine and the instant matter relates to the recovery of 83.760 litres of Indian made liquor and the same has been stated to be recovered from a bathroom situated near the house of this

Patna High Court CR. MISC. No.14689 of 2023(2) dt.09-05-2023 2/2 petitioner but in this regard the seizure list is completely vague though the petitioner's house has been mentioned in the seizure list and moreover against the petitioner the investigation has been completed and petitioner has fair and clean antecedent and has been languishing in jail since 14.01.2023.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent, his custody period and the competition of investigation against him, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Bihpur (Jhandapur) P.S. Case No. 637 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T