Chandan Kumar @ Chandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21673 of 2020 Arising Out of PS. Case No.-391 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== CHANDAN KUMAR @ CHANDAN RAI S/o Late Rambalak Rai @ Late Balak Rai Resident of Village-Pipra, P.S.-Jitna, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

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 Counsel for the State.

Petitioner seeks bail in Ghorasahan (Jitna) PS Case No. 391 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The sack loaded on the motorcycle 82 litres of Nepali Sofi wine is alleged to have been recovered.

Learned Counsel for the petitioner submits that the petitioner is in custody since 20.2.2020. This is a case of false implication as there is no recovery from the conscious possession of the petitioner. Recovery is from the motorcycle which does not belong to the petitioner. He is on bail in Ghorasahan (Jitna) PS Case

Patna High Court CR. MISC. No.21673 of 2020(2) dt.06-07-2020 2/2 No. 61 of 2019 and Ghorasahan (Jitna) PS Case No. 45 of 2019. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named 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 Special Judge, Excise Act, East Champaran, Motihari in Ghorasahan (Jitna) PS Case No. 391 of 2019 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, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T