Chunnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43668 of 2022 Arising Out of PS. Case No.-475 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== CHUNNU KUMAR S/o Ashok Kumar @ Ashok Singh R/o villagePatharkatti, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 475 of 2021 registered for the offence under Sections 30(a) and 37(1) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 08.06.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.43668 of 2022(2) dt.27-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 82.5 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been implicated in the present case only for the reason that he is owner of the motorcycle from where alleged recovery was made. It is submitted that alleged motorcycle was given to co-accused, namely, Binod Yadav, for his personal work, being known to the petitioner. It is further submitted that petitioner is a man of clean antecedent. It is categorically stated by learned counsel for the petitioner that charge-sheet has been submitted in this case. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor appears not to be made from conscious physical possession of the petitioner, who is a man of clean antecedent 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 Daudnagar P.S. Case No. 475 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 Special Excise Court-II, Aurangabad/concerned court, subject to the conditions as

Patna High Court CR. MISC. No.43668 of 2022(2) dt.27-08-2022 3/3 mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T