Chandan Kumar Singh @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33813 of 2022 Arising Out of PS. Case No.-550 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Chandan Kumar Singh @ Chandan Kumar Son Of Mithlesh Singh R/O Village- Ramdauli, P.S.- Bidupur, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 41(1) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 7455.960 litre of liquor from a truck parked on Hajipur-Bidupur Highway near Khilawat village. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the petitioner is neither the owner, nor the driver of the truck and he came to be implicated by the local people as

Patna High Court CR. MISC. No.33813 of 2022(2) dt.18-08-2022 2/2 alleged in the F.I.R., but the F.I.R. does not even remotely suggest that who took the name of the petitioner when admittedly the name of the petitioner transpired not based on secret information.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bidupur P. S. Case No.550 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T