Chitranjan Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18823 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- DHANSOI District- Buxar ====================================================== 1.

Chitranjan Pathak, aged about 33 years, male, son of Hari Shankar Pathak Resident of Village- Pathakhauliya, Police Station - Dhansoi, District - Buxar.

2.

Dipak Singh , aged about 25 years, male, son of Late Sanjay Singh Resident of Village- Pajraw, Police Station - Noan, District - Kaimur (Bhabhua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Choubey For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2020 Heard Mr. Surendra Kumar Choubey, learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioners seek regular bail in connection with Dhansoi P.S. Case No. 26 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment ) Act, 2016.

The allegation against the petitioners as per the First Information Report is that the Police intercepted one Tata Majic vehicle bearing registration no. BR-45P1662 and recovered a total quantity of 212 liters 600 ml of illicit liquor from the said vehicle. Petitioners along with one another person were arrested

Patna High Court CR. MISC. No.18823 of 2020(2) dt.13-05-2020 2/3 while they were fleeing away.

Learned counsel submits that petitioners have falsely been implicated in this case inasmuch as no illicit liquor has been recovered from the conscious possession of the petitioners or the vehicle belonging to petitioners. Learned counsel referring to paragraph nos. 6 and 7 of the bail application submits that petitioners have no concern with the said vehicle and they are not the owner of the vehicle in question. Learned counsel further submits that similarly situated co -accused Vikash Kumar Pathak has been granted bail by this court today in Cr. Misc. No. 18139 of 2020.

Having heard learned counsel for the parties and taking into consideration the fact that petitioners are not the owner of the vehicle and similarly situated co- accused has been granted bail, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge 2nd -cum- Special Judge ( Excise), Buxar , in connection with Dhansoi P.S. Case No. 26 of 2020.

Patna High Court CR. MISC. No.18823 of 2020(2) dt.13-05-2020 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T