Patna High CourtCR. MISC./31224/2024bail granted

Chandan Kumar v. The State Of Bihar

2024-04-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31224 of 2024 Arising Out of PS. Case No.-490 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== Chandan Kumar Son of Upendra Yadav Resident of Village- Chikni Fulkaha (Ward No.-03), P.S.- Gamhariya, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Excise Case No. 1562 of 2022 arising out of Kishanganj P.S. Case No. 490 of 2022 instituted for the offences punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 80.655 litres of liquor was recovered from the vehicle bearing Registration No. JH09G-4000.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.31224 of 2024(2) dt.24-04-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is only the owner of the vehicle and was not unaware of the fact that his vehicle was being used in the alleged offence. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 30.01.2024 and has one criminal antecedent. There is no compliance of Section 100 of the 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Excise Case No. 1562 of 2022 arising out of Kishanganj P.S. Case No. 490 of 2022.

(Rudra Prakash Mishra, J) Alok Verma/- U T