Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37435 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- AMBA District- Aurangabad ====================================================== CHANDAN KUMAR S/O BABAN SINGH R/o village- Suwa Bigha, P.S.- Dehri, District- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Amba P.S. Case No.21 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Excise Prohibition Act, 2018. Altogether 2800 liters of country made liquor is said to have been recovered from a truck and the driver disclosed that the wine was being carried for one Basant Kumar Yadav and the Scorpio was monitoring from truck. From the Scorpio four

Patna High Court CR. MISC. No.37435 of 2021(2) dt.08-10-2021 2/3 persons were apprehended.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence has ever taken place. No incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case. He is the driver of the vehicle but had no knowledge about the illegal wine loaded on the truck as he was instructed to drive vehicle for carrying public use material. Petitioner has no criminal antecedent, as mentioned in para-3 of the bail application and has been languishing in custody since 23.02.2021.

Petitioner is agreed to deposit a sum of Rs. 50,000.00/- (Rupees Fifty Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court,

Patna High Court CR. MISC. No.37435 of 2021(2) dt.08-10-2021 3/3 in connection with Amba P.S. Case No.21 of 2021, with the following conditions:- (1) 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. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his/her release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.50,000.00/- (Rupees Fifty Thousand) in the Chief Minister's Relief Fund, Bihar.

(Anjani Kumar Sharan, J) pallavi/- U T