Chandan Kumar @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32723 of 2025 Arising Out of PS. Case No.-127 Year-2024 Thana- SARE District- Nalanda ====================================================== Chandan kumar @ Chandan Singh S/o Late Bhola Singh R/o vill - Sare Bajar, P.S. - Sare, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-06-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sare P.S. Case no.127 of 2024 registered under sections 127(1), 115(2), 132, 263 of the B.N.S, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that the petitioner involved in the business of liquor, the police party conducted raid and 50.160 liters of foreign liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery has been made from the conscious possession of the petitioner and the recovery has been shown from his house which is a joint family property and the petitioner has no knowledge as to whom the concerned liquor belongs. Learned counsel for the petitioner further submits that no independent witness is there on the

Patna High Court CR. MISC. No.32723 of 2025(3) dt.23-06-2025 2/2 seizure list further indicating violation of mandatory provisions of the B.N.N.S. Co-accused Rakhi Devi who happens to be the wife of this petitioner has already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 18.04.2025 passed in Cr. Misc. No. 18606 of 2025. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sare P.S. Case no.127 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Court-II, Nalanda, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U