Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31421 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== 1.

Chandan Kumar Son Of Jaikishun Ray R/O-Aramsatpur, P.S.-MAHNAR, Distt.-VAISHALI 2.

Ranjan Kumar Son Of Jaikishun Ray R/O-Aramsatpur, P.S.-MAHNAR, Distt.-VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in connection with Mahnar P.S. Case No. 84 of 2023 dated 31.03.2023 registered for the offences punishable under Section 272, 273 and 414 of the Indian Penal Code and Sections 30(a), 32(ii) (iii), 36 and 41 (i) (ii) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 2999.16 litres of country

Patna High Court CR. MISC. No.31421 of 2023(2) dt.22-05-2023 2/2 made foreign liquor, a mobile phone and some documents were recovered from the truck and three motorcycles standing near the truck were recovered.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners have no concern with the seized liquor. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 01.04.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Manhar P.S. Case No. 84 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T