Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40696 of 2023 Arising Out of PS. Case No.-477 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

CHANDAN KUMAR Son of Late Shivesh Thakur Resident of Village - Patohi Madhubani, P.S.- Sadar, District - Muzaffarpur. 2.

Amit Kumar Son of Ramadhar Singh Resident of Village - Gokhula, P.S.- Paru, District - Muzaffarpur.

3.

Sushil Kumar Son of Lakhendra Paswan Resident of Village - Yadav Nagar, Bhagwanpur, P.S.- Sadar, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 477 of 2023 dated 01.05.2023 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the petitioners were apprehended with a car from which 120 litres of foreign liquor

Patna High Court CR. MISC. No.40696 of 2023(3) dt.24-07-2023 2/2 was recovered.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing have been recovered from the conscious possession of the petitioners. It is further submitted that the petitioners have no concern with the alleged recovery. The petitioners have got clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 02.05.2023.

6. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Excise P.S. Case No. 477 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T