Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21318 of 2020 Arising Out of P.S. Case No.-205 Year-2019 Thana- Sahebganj District- Muzaffarpur ====================================================== Chandan Kumar, son of Sanjay Prasad @ Sanjay Sah, Resident of VillagePratappatti, Ward No.10, P.S. Sahebganj, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-07-2020 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Sahebganj P.S. Case No. 205 of 2019 for the offence under Sections 414, 272, 273/34 of the Indian Penal Code and Sections 30(a)(g), 33, 34(b), 35(a), 41(a)(ii) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that during search 95 litres of country made liquor along with different empty bottles of foreign liquor was seized from a Kawadi shop, which belong to the petitioner's father. He further submits that the petitioner is living separately from his father. The petitioner is in private job and he has nothing to do with the

Patna High Court CR. Misc. No. 21318 of 2020 (2) dt.22-07-2020 2/2 business of his father.

Considering the fact that the petitioner has got no criminal antecedent and nothing was recovered from his conscious possession, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Act, Muzaffarpur in connection with Sahebganj P.S. Case No. 205 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure subject to the condition that the petitioner shall deposit Rs.25,000/- (Twenty five thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.25,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

(Anil Kumar Upadhyay, J) Uday/- U