Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.633 of 2021 Arising Out of PS. Case No.-291 Year-2020 Thana- GOVT. OFFICIAL COMPLAINT CASE District- Sheikhpura ====================================================== CHANDAN KUMAR S/o Karyanand Singh R/o village- Ambari, P.S.- Sheikhopur Sarai, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Bharti, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2021 Heard Ms. Rashmi Bharti, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Excise Case No. 291 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that the Excise Official on the basis of secret information raided the house of the petitioner and recovered a total quantity of 50.250 litres of illicit foreign liquor from the

Patna High Court CR. MISC. No.633 of 2021(2) dt.05-03-2021 2/3 courtyard of the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he is having no criminal antecedent. Learned counsel further submits that the house from where the illicit foreign liquor has been recovered, belongs to the joint family property and co-sharers as well as other family members also reside therein. Learned counsel also submits that the petitioner is in custody since 23.10.2020 and charge sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 23.10.2020 and charge sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise

Patna High Court CR. MISC. No.633 of 2021(2) dt.05-03-2021 3/3 Act, Sheikhpura, in connection with Excise Case No. 291 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T