Patna High CourtCR. MISC./22190/2024bail granted

Chandan Kumar @ Chandan Bhuiyan @ Chandan Kumar Bhuiyan v. The State Of Bihar

2024-03-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22190 of 2024 Arising Out of PS. Case No.-153 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== Chandan Kumar @ Chandan Bhuiyan @ Chandan Kumar Bhuiyan Son of Munshi Bhuiya Resident of Village- Bariyawa, P.S.- Salaiya, DistrictAurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Salaiya P.S. Case No. 153 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 10 liters liquor was recovered from forest.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the alleged place of recovery is an open place

Patna High Court CR. MISC. No.22190 of 2024(2) dt.21-03-2024 2/2 which does not belong to the petitioner and name of the petitioner was disclosed by local villagers. The petitioner is in custody since 08.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salaiya P.S. Case No. 153 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T