Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25327 of 2023 Arising Out of PS. Case No.-73 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Chandan Kumar, Son Of Kameshwar Prasad R/O Village- Belwatiya, P.S.- Pipra Kothi, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41(1) of the Excise Act., 2016 The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 72 litres of liquor from a motorcycle. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner, being the owner of the motorcycle, came to be implicated. It is further submitted that no prudent person would

Patna High Court CR. MISC. No.25327 of 2023(2) dt.22-05-2023 2/2 use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that his neighbour, who taken the motorcycle, would misuse the motorcycle inn the manner as alleged in the F.I.R., when admittedly petitioner is a person with clean antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, East Champaran, Motihari in connection with Kundwa Chainpur P. S. Case No.73 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T