Chander Bhushan Kumar @ Chandra Bhushan Singh @ Chandra Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19318 of 2020 Arising Out of PS. Case No.-270 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== Chander Bhushan Kumar @ Chandra Bhushan Singh @ Chandra Bhushan Kumar, Son of Rajendra Prasad Singh, Resident of Village-Balidad, Khamaini More, P.S.- Mehandiya, District - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-06-2020 The matter has been listed today for consideration through video conferencing in view of the nationwide lockdown on account of COVID-19 pandemic.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Excise Case No.270 of 2020 instituted for the offence punishable under Section 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.19318 of 2020(2) dt.05-06-2020 2/3 For recovery of 7.875 litres of Indian Made Foreign Liquor (IMFL), the petitioner is in custody since 29.02.2020. Submission is that recovery is in violation of Section 100 Cr.P.C. It is a case of false implication. The petitioner denies that there is any recovery from his conscious possession. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II Cum Special Judge, Excise, Jehanabad, in connection with Excise Case No.270 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates,

Patna High Court CR. MISC. No.19318 of 2020(2) dt.05-06-2020 3/3 his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) PNM U T