Chandan Kumar Das @ Mahadev Das @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43203 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Chandan Kumar Das @ Mahadev Das @ Chandan Kumar Son Of Karan Das Village- Harichanda, P.S.- Bishanpur, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kamtaul P.S. Case No. 88 of 2024 dated 02.04.2024, lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the present petitioner. The total recovery of 150 litre of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is neither owner nor driver of the car from which the recovery of wine has been made. He further submits that the petitioner was sitting on the car due to which he has been arrested. He further submits that the petitioner is in

Patna High Court CR. MISC. No.43203 of 2024(2) dt.20-07-2024 2/2 custody since 03.04.2024 having one criminal antecedent of similar nature, in which he is on bail. He further submits that the co-accused Kaushal Yadav has been granted bail by this Court vide order dated 27.05.2024 passed in Cr. Misc. No. 38917 of 2024.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail (only after framing of charge, if not framed) on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge-Ist, Excise Act, Darbhanga in connection with Kamtaul P.S. Case No. 88 of 2024, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

7. It is made clear that the Trial Court shall accept the bail bond of the petitioner on being satisfied that he is not absconding in a case pending against him.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T