Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50882 of 2024 Arising Out of PS. Case No.-359 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== Chandan Kumar Son of Munna Sao Resident of Village - Fatehpur, Police Station - Fatehpur In The District Of Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Nardiganj P.S. Case No. 359 of 2023 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 200 litres of countrymade liquor has been recovered from the tempo of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case having no criminal antecedent. He further submits that the petitioner has been made accused in this case due to the reason that he is owner of the seized tempo and the petitioner had given the tempo to the drive on rent. Learned counsel submits that the

Patna High Court CR. MISC. No.50882 of 2024(2) dt.21-08-2024 2/2 petitioner has no concern with the seized liquor. The petitioner was neither present on the spot nor any incriminating article has been recovered from the possession of the petitioner. He further submits that petitioner undertakes to co-operate in the investigation and the trial.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge, Exclusive Special Court, Excise-2, Nawada / Concerned Trial Court in connection with Nardiganj P.S. Case No. 359 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T