Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30892 of 2023 Arising Out of PS. Case No.-50 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== Chandan Kumar, Son Of Ramji Chaudhary @ Ramji Shikari R/O- VillageBhandari Ps- Deo Dist- Aurangabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 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 Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 40 litre of liquor from a motorcycle and Satish Yadav was arrested, who disclosed the name of the petitioner. 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 came to be implicated as he is owner of the vehicle and no prudent person would use his own vehicle for

Patna High Court CR. MISC. No.30892 of 2023(2) dt.19-05-2023 2/2 committing a crime and thus, would create evidence against himself and would get implicated easily. It is next submitted that petitioner is completely unaware that Satish Yadav has misused his vehicle in the manner as alleged.

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 Additional District & Sessions Judge, VII-cum-Special Judge, Excise, Aurangabad in connection with Madanpur P. S. Case No.50 of 2020, 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