Chandan Kumar @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41107 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- PIPRA District- Patna ====================================================== CHANDAN KUMAR @ CHANDAN YADAV S/O DEORAJEET YADAV @ DEVRAJIT YADAV RESIDENT OF VILLAGE-BELAURIA MAHAL, P.O AND P.S BHAWANGANJ, DISTRICT-PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Geeta Kumari Jha, Mr. Ashutosh Kumar, Advocates.

For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2022 Heard Ms. Geeta Kumari Jha, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Pipra PS Case No. 27/2021, Special Case No. 2742/2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act 2016.

The police intercepted a Tempo bearing Registration No. BR01PF/2047 which was being driven by the petitioner and recovered total quantity of 150 litres of illicit liquor from the same.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been

Patna High Court CR. MISC. No.41107 of 2021(2) dt.28-01-2022 2/3 implicated in this case only because the illicit liquor was recovered from the back seat of the said tempo. Learned counsel further submits that petitioner plies the tempo at the instance of its owner and so many passengers travel in the tempo and the petitioner was not aware about the liquor being kept by the passengers in the back seat of the tempo. He next submits that petitioner is in custody since 07.04.2021 and the charge-sheet has already been submitted in the matter and the trial is not likely to be concluded in near future.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 07.04.2021 having no criminal antecedent, charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, CHANDAN KUMAR @ CHANDAN YADAV be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Pipra PS Case No.

Patna High Court CR. MISC. No.41107 of 2021(2) dt.28-01-2022 3/3 27/2021, Special Case No. 2742/2021.

(Anil Kumar Sinha, J) perwez U T