Chandan Singh @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37891 of 2022 Arising Out of PS. Case No.-498 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== CHANDAN SINGH @ CHANDAN KUMAR Son of Kisho Singh @ Krishna Nandan Singh Resident of village- Barharpur, P.s- Mokama, DistrictPatna, Presently residing at behind D.C. singh Pump, P.S.- Begusarai Town, district- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 498 of 2021 registered for the offence under Sections 414 and 120(B) of the Indian Penal Code and Sections 30(a), 38(i) and 41(1) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 27.05.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.37891 of 2022(2) dt.05-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 3798.720 litres of IMFL/country made liquor from the Truck registration no. NL-01D-7472.

Learned counsel appearing on behalf of the petitioner submitted that apprehended co-accused, namely, Gaurav Kumar, named this petitioner, and in furtherance thereof no incriminating or illicit liquor recovered from the possession of the petitioner which may suggest to connect the petitioner with alleged reocovery. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Begusarai Town P.S. Case No. 498 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge-I, Begusarai/concerned court,

Patna High Court CR. MISC. No.37891 of 2022(2) dt.05-08-2022 3/3 subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T