Chandan Rai @Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35767 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.

Chandan Rai @Chandan Kumar Son Of Kamal Dev Rai Village- Masum Nagar, Ward No. 13, Ps- Chakmehsi, Dist- Samastipur 2.

Krishna Kumari @ Raja Rai @ Krishna Murari @ Krishna Murari Rai Son Of Kamal Dev Rai Village- Masum Nagar, Ward No. 13, Ps- Chakmehsi, Dist- Samastipur 3.

Sonu Kumar Son Of Kamal Dev Rai Village- Masum Nagar, Ward No. 13, Ps- Chakmehsi, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Sinha, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 10-06-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. Petitioners apprehend arrest in connection with Chakmehsi P.S. Case No. 39/2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the instant case. Further submission is that the alleged recovery of 342 liters of Indian made foreign liquor was made from a maize field which belongs to one Fultun Tiwari. Learned counsel further submits that the name of the petitioners surfaced from the

Patna High Court CR. MISC. No.35767 of 2024(2) dt.10-06-2024 2/2 confessional statement of the apprehended accused Kamal Dev Rai. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioners. Learned counsel further submits that the petitioners have clean antecedent.

4. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioners, above named are directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Learned Exclusive Special Judge, Excise 1st, Samastipur in connection with Chakmehsi P.S. Case No. 39/2024 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

6. This application stands allowed.

(Arvind Singh Chandel , J) tusharika/- U T