Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36359 of 2020 Arising Out of PS. Case No.-67 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== Chandan Kumar Son of Sri Gopal Singh, Resident of Village- Mohddipur, P.S.- Pasaraha, Distt- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Ranjan For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise Comp. 67 of 2020 for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of huge quantity of illicit foreign liquor from a car and the petitioner is stated to be the driver of the car in question.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 20.08.2020.

Patna High Court CR. MISC. No.36359 of 2020(2) dt.29-01-2021 2/2 Per contra, the learned A.P. P. for the State has vehemently opposed the prayer for bail, made by the petitioner. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the petitioner is merely the driver of the car in question from which the illicit foreign liquor was recovered and is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge-II, Banka in connection with Excise Comp. No. 67 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T