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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3796 of 2021 Arising Out of PS. Case No.-207 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== 1.

CHANDAN SINGH @ CHANDAN KUMAR SINGH Son of Kamal Singh Resident of Village and Post office - Sarana, P.S.- Shahpur, District - Bhojpur 2.

Sonu Singh Son of Kamal Singh Resident of Village and Post office - Sarana, P.S.- Shahpur, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Pandey For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-07-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Shahpur P.S. Case No. 207 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

It appears from the First Information Report that huge quantity of liquor was recovered from three vehicles. One of the drivers of the said vehicles has stated before the police that the consignment of liquor actually belonged to the petitioners.

Patna High Court CR. MISC. No.3796 of 2021(2) dt.29-07-2021 2/3 Learned counsel for the petitioners has submitted that an absolutely false case has been lodged against them. The petitioners neither have any concern with the transporting vehicles nor are they anyway concerned with the liquor which is said to have been recovered. The accusation against the petitioners is based solely on the statement of an arrested accused person.

The petitioners do not have criminal antecedents. On these facts, it has been argued that no offence under the Excise Act can at all be said to have been made out against the petitioners.

For the reasons afore-stated, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -IV, Bhojpur at Ara, in connection with Shahpur P.S. Case No. 207 of 2020, subject to the

Patna High Court CR. MISC. No.3796 of 2021(2) dt.29-07-2021 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T