Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33661 of 2023 Arising Out of PS. Case No.-428 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== CHANDAN KUMAR Son of Dinesh Ray Resident of village - Umedpur, P.S. - Tajpur, Distt. - Samastipur ... ... 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. Shyam Bihari Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner 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 petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Tajpur P.S. Case No. 428 of 2022 dated 06.09.2022 registered for the offences punishable u/s 30(a), 41 (i), (ii) of Bihar Prohibition and Excise (Amendment) Act 2018.

As per the prosecution case, total 1307.40 litres of Indian made foreign liquor was recovered from a pickup van. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33661 of 2023(2) dt.24-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized vehicle and the seized liquor. The petitioner is also accused in one more case, as stated in para 3 of the bail petition. The petitioner is in custody since 25.04.2023.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20.000/- (Rupees Twenty Thousand) with two sureities of the like amount each to the satisfaction of learned court of Special Judge (Excise)-2, Samastipur in connection with Tajpur P.S. Case No 428 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Guddu kr/- U T