Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41418 of 2017 Arising Out of PS. Case No.-137 Year-2017 Thana- BIKRAMGANJ District- Rohtas ====================================================== Chandan Kumar , Son of Sri Gopal Prasad, resident of Mohalla- Inder College, Pani Tanki, Bikramganj, P.S.- Bikramganj, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh For the Opposite Party/s :

Sri Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-09-2017 Heard Sri Rakesh Singh , learned counsel for the petitioner and Sri Ram Bilash Roy Raman, learned Additional Public Prosecutor .

The sole petitioner, who is in custody since 21.07.2017 in Bikramganj P.S. Case No. 137 of 2017 registered for the offence under Section 272, 273 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act , 2016 has prayed for grant of bail.

Learned counsel for the petitioner by way of referring to the statement made paragraph no. 3 of the petition submits that petitioner is having clean antecedent. He further submits that nothing was recovered from conscious possession of the petitioner and petitioner's name has come on the statement made by one of the Chukidars who claimed that he had seen

Patna High Court Cr.Misc. No.41418 of 2017(2) dt.15-09-2017 2/2 this petitioner fleeing away after throwing motorcycle on which there was a cartoon containing 12.6. liters of Indian make foreign liquor.

Learned Additional Public Prosecutor has opposed the prayer for bail.

However, considering the nature of accusation, clean antecedent of the petitioner as well as period of custody, let the petitioner Chandan Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II- cum- Special Court, Excise, Rohtas at Sasaram / concerned court in connection with Bikramganj P.S. Case No. 137 of 2017.

(Rakesh Kumar, J) praful/- U T