Patna High CourtCR. MISC./35525/2021bail granted

Chandan Kumar Chandravanshi @ Chandan Kumar Chauliwala v. The State Of Bihar

2022-06-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35525 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== CHANDAN KUMAR CHANDRAVANSHI @ CHANDAN KUMAR CHAULIWALA S/O RAJENDRA CHANDRAVANSHI R/o village- Bhau Prasad, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 61.42 litres of liquor.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot and his name transpired in the confessional statement of co-accused Nek Mohammad as such it cannot be alleged that recovery of liquor was from the conscious possession of the petitioner. It is next

Patna High Court CR. MISC. No.35525 of 2021(2) dt.13-06-2022 2/2 submitted that similarly situated co-accused Manjay Mandal has been granted bail vide order dated 22.11.2021 in Cr. Misc. No. 45279 of 2021.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dumra P.S. Case No. 28 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T