Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32213 of 2021 Arising Out of PS. Case No.-409 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== CHANDAN KUMAR Son of Bhola Paswan Resident of VillageMadhusudan Pakari (Maksudan Pakari), P.S.- Lalganj, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-12-2021 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Raj Kishore Singh, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Lalganj PS Case No. 409/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.

As per prosecution case, the police on the basis of secret information that petitioner along with two other accused persons are involved in trade of illegal liquor, proceeded towards the place of occurrence and upon seeing the police party accused succeeded in fleeing away and total quantity of 120 litres of illicit liquors has been recovered from the field of one Sanjay Kumar.

Patna High Court CR. MISC. No.32213 of 2021(2) dt.15-12-2021 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated by the police with oblique motive based upon secret information and he has got no criminal antecedents. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner and the same has been recovered from the field of co-accused, Sanjay Kumar.

Learned counsel next submits that petitioner is in custody since 21.02.2021 and the charge-sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and the same has been recovered from the field of co-accused, Sanjay Kumar, petitioner is in custody since 21.02.2021 and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, CHANDAN KUMAR 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 learned 2nd Additional District & Sessions Judge-

Patna High Court CR. MISC. No.32213 of 2021(2) dt.15-12-2021 3/3 cum-Special Judge, Excise Court, Vaishali at Hajipur Nawada in connection with Lalganj PS Case No. 409/2020. (Anil Kumar Sinha, J) perwez U T