Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32074 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- BHORE District- Gopalganj ====================================================== Chandan Kumar S/O Bhola Bhagat R/O Ghargao, P.S- Mirganj, Dist.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Bhore P.S. Case No. 68 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. As per prosecution case, on the basis of secret information, police got information that petitioner is coming with illicit liquor on his motorcycle and on receipt on such information, police reached at the place of occurrence and 23 litre country made liquor was seized from the motorcycle in question bearing registration no. BR28D3763.

4. Learned counsel for the petitioner submits that petitioner's name came to fore on the basis of secret information

Patna High Court CR. MISC. No.32074 of 2025(2) dt.15-05-2025 2/3 but the source of secret information has not been divulged in the FIR which questions the authenticity of the FIR. He further submits that, though, there is recovery of liquor from the petitioner's motorcycle but he has given his motorcycle to his friend and his friend has misused the motorcycle for carrying illicit liquor. He further submits that petitioner is not found at the place of occurrence. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of two cases in which he is already on bail.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.32074 of 2025(2) dt.15-05-2025 3/3 amount each to the satisfaction of learned Additional District and Sessions Judge-XIII-cum-Special Excise Court No.1, Gopalganj in connection with Bhore P.S. Case No. 68 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T