Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27519 of 2025 Arising Out of PS. Case No.-719 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Chandan Kumar Son of Dinesh Ray Resident of village -Bhagwatpur PSTajpur District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Tajpur P.S. Case No. 719 of 2023 registered for the offences punishable under Sections 30(a), 41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 864 liters of illicit liquor from three different vehicles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was neither apprehended on spot nor anything

Patna High Court CR. MISC. No.27519 of 2025(2) dt.01-05-2025 2/3 incriminating has been recovered from his conscious possession or from his house. The petitioner is neither owner of the vehicles seized in this case nor has any concern with the recovered liquor. The petitioner has one criminal antecedent in which he is on bail as has been stated in paragraph no.3 of the present anticipatory bail application. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.

5. Learned counsel for the petitioner again submits that the co-accused has been granted bail by this Court vide order dated 14.03.2024 passed in Cr. Misc. No. 19063 of 2024.

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

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, 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.10,000/- (Rupees Ten Thousand) 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 Tajpur

Patna High Court CR. MISC. No.27519 of 2025(2) dt.01-05-2025 3/3 P.S. Case No. 719 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) rishi/- U T