Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4753 of 2021 Arising Out of PS. Case No.-260 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== CHANDAN KUMAR S/o Late Toofani Chauhan R/o Village - Mohadipur, P.S. - Siwan (Muffasil), District - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Kumar, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with CIII Case No. 260/2020 arising out of CIII Case No. 260 of 2020 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act (Amendment 2018).

50.175 liters of foreign liquor is said to have been recovered from motorcycle in abandoned condition.

Patna High Court CR. MISC. No.4753 of 2021(2) dt.05-04-2021 2/3 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor and the motorcycle is not belongs to the petitioner. He has been falsely implicated in this case at the instance of his enemies. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 16.09.2020.

Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with CIII Case No. 260 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of

Patna High Court CR. MISC. No.4753 of 2021(2) dt.05-04-2021 3/3 Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) GAURAV S./- U T