Chandan Kumar @ Chandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14290 of 2020 Arising Out of PS. Case No.-1067 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== CHANDAN KUMAR @ CHANDAN RAI Son of Panni Lal Rai Resident of Village- Hardiya, P.S.- Kundwachainpur, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma- Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-05-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in connection with Excise Case No.1067 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Near-about 1655.280 litres of foreign liquor is said to have been recovered from the house of the petitioner, but submission on behalf of the petitioner is that the alleged recovery is said to have been made from the joint house. It is further submitted that petitioner does not have any criminal antecedent and is languishing in jail custody since 28.12.2019. It is further submitted that the investigation against the petitioner

Patna High Court CR. MISC. No.14290 of 2020(2) dt.13-05-2020 2/2 has already been completed and it would be useless to keep the petitioner in custody.

Considering the aforesaid facts and circumstances of the case as well as period of detention of the petitioner in jail custody and also taking note of this fact that petitioner does not have any criminal antecedent and the alleged recovery has been made from the joint house, let the petitioner, above named, 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 learned Special Judge, Excise, East Champaran at Motihari in connection with Excise Case No.1067 of 2019. However, it is made clear that if the petitioner fails to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that petitioner shall furnish the sureties when lockdown is over. (Hemant Kumar Srivastava, J) vikash/- U T