Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55031 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- ROH District- Nawada ====================================================== CHANDAN KUMAR SON OF LATE NIWASH PRASAD RESIDENT OF VILLAGE- SAMAY, POLICE STATION- MUFFASSIL, DISTRICTNAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Adv For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Man Mohan Kumar, learned counsel for the petitioner and Mr. Tarkeshwar Nath Thakur, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Roh PS Case No. 142/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016. As per prosecution case, police intercepted two vehicles and recovered 311.625 litres of illicit liquor and the petitioner was found sitting in one of the vehicles along with another person.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.55031 of 2021(2) dt.19-05-2022 2/2 motive. He next submits that petitioner is neither the owner nor the driver of the vehicle wherefrom recovery has been made rather he had taken lift in the said vehicle and was not aware about the liquor being kept therein. It is further submitted that the petitioner has got no criminal antecedent and is in custody since 15.07.2021.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is neither the owner nor the driver of the vehicle, petitioner having no criminal antecedent is in custody since 15.07.2021, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, CHANDAN KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Nawada in connection with Roh PS Case No. 142 of 2021.

(Anil Kumar Sinha, J) perwez U T