Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33522 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- GALGALIYA District- Kishanganj ====================================================== CHANDAN KUMAR S/o Prabhu Choudhari R/o Kuiya Anchal, P.S.- Saraiya, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

24.120 liters of foreign liquor is said to have been recovered from the bag kept in the dickey of the bus and identify card of the petitioner was also found in the said bag. It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized bag or recovered liquor or any

Patna High Court CR. MISC. No.33522 of 2019(2) dt.21-05-2019 2/2 trade of liquor. Perhaps someone might have kept the identity card of the petitioner in the bag with ulterior motive of falsely implicating the petitioner in the occurrence. He was not apprehended at the spot. Petitioner has no criminal antecedent. Petitioner has been languishing in judicial custody since 08.04.2019.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Kishanganj in connection with Special Case No. 79 of 2018 (Galgaliay P.S. Case No. 26 of 2018).

(Prakash Chandra Jaiswal, J) T.Kr./- U T