Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53102 of 2024 Arising Out of PS. Case No.-199 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== 1.

Chandan Kumar S/o Late Yogendra Sah @ Yogindar Sah R/o Begampur Kadamtal, P.S.- Bypass, Dist.- Patna 2.

Dharmendra Kumar S/o Late Uday Rai R/o Naya Tola, P.S.- Bakhtiyarpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the State :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-08-2024

1. Heard learned counsel for the Petitioners and learned APP for the State.

2. Petitioners seek regular bail in connection with Excise (Buxar) P.S. Case No. 199 of 2024 dated 22.05.2024 registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2018.

3. Mr. Arvind Kumar Pradhan, learned counsel appearing for the petitioners submits that the instant matter relates to the recovery of 38.640 litres of foreign liquor which is said to have been recovered from the possession of both the petitioners, in fact, the petitioners had no connection with the alleged seized liquor and were falsely roped , when they denied

Patna High Court CR. MISC. No.53102 of 2024(2) dt.06-08-2024 2/2 to become the witness of the recovery of the alleged wine and at that time, they were present at the railway station as mere passengers. Further submission is that the provisions of Section 100 of Cr.P.C. were not followed by the police and the petitioners have been languishing in jail since 23.05.2024 having fair and clean antecedent and against them the investigation has been completed.

4. Mr. Binod Kumar No.3, learned APP appearing for the State has opposed the prayer for bail of the petitioners.

5. Having regard to the above submissions and mainly taking into account the completion of investigation against the petitioners and their fair and clean antecedent, this Court is inclined to grant privilege of bail to the petitioners. Accordingly, let the petitioners named-above be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Excise (Buxar) P.S. Case No. 199 of 2024.

(Shailendra Singh, J) Rajiv/- U T