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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39353 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== CHANDAN KUMAR RAI @ CHANDAN KUMAR Son of Hiraman Ray @ Hirawan Ray Resident of Village - Darwa, P.s.- Tajpur (Halai OP), Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 279 and 337 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is a case of recovery of only 1.305 liters of country made liquor which was kept in a trunk as well as 180 ml of foreign liquor was found in a motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no incriminating article has been recovered from the

Patna High Court CR. MISC. No.39353 of 2022(2) dt.23-09-2022 2/2 conscious possession of the petitioner and petitioner has not been apprehended at the spot. Petitioner has clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions as well as the fact that meagre quantity of liquor has been recovered, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.2, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No. 92 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U