Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49876 of 2023 Arising Out of PS. Case No.-764 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Chandan Kumar Son Of Haris Chandra Choudhry Resident Of Village - Auliabad, P.S. - Jhandapur Bihpur, Distt. - Bhagalpur ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saghir Ahmad For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a)/ 37 of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 30 litres of liquor from a bamboo plantation.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of co-accused in police custody, which does not have any evidentiary value. It is next submitted that even the alleged recovery is from a place,
Patna High Court CR. MISC. No.49876 of 2023(2) dt.31-07-2023 2/2 which does not belong to the petitioner.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Naugachhia, Bhagalpur in connection with Bihpur (Jhandapur) P. S. Case No.764 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T