Chand Kumar @ Chandan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43809 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- CHAKIA District- East Champaran ======================================================

1. Chand Kumar @ Chandan Kumar S/o Lal Babu Rai R/o Vill Katesar, P.S. Sakra, Distt. Muzaffarpur.

2. Sachin Singh S/o Sunil Kumar Singh R/o Vill- Pupari, P.S. Kudhani, Distt. Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Chakiya P.S. Case no. 101 of 2018 registered under Sections 30(a), 50(G), 57 and 60 of Bihar Prohibition and Excise Act 2016. 10 cartoons of foreign liquor is said to have been recovered from Scorpio and six accused persons including the petitioners were apprehended from the said Scorpio while 4500 lts. of foreign liquor has been recovered from a truck following the said Scorpio. The driver and co-driver of said truck were apprehended.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.43809 of 2018(2) dt.20-07-2018 2/2 that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern either with the seized liquor or with the vehicle in question. They happens to be simple commuter of the Scorpio and they were travelling in it without knowing keeping of liquor in it. They have no concern with the truck unfortunately following the Scorpio. They have no criminal antecedent. They have been languishing in custody since 25.05.2018. Similarly situated co-accused, namely, Indrajeet Kumar, who was also apprehended by the police from the Scorpio, has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 12.07.2018 passed in Cr. Misc. no. 40886 of 2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, Excise, East Champaran at Motihari, in connection with Chakiya P.S. Case no. 101 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T