Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48445 of 2022 Arising Out of PS. Case No.-245 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Chandan Singh S/o Shambhu Singh Resident of Village- Badahari, P.S.- Kargahar, Dist- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mohania P.S. Case No. 245 of 2022 lodged under Sections 30(a) and 41(1) of the Bihar Prohbition and Excise Act, 2018. As per the prosecution case, total recovery of 556.2 liter of wine has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 12.05.2022 having clean antecedent. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.48445 of 2022(2) dt.06-12-2022 2/2 petitioner's name has been figured in the F.I.R. He submits that petitioner is neither driver nor khalasi nor owner of the vehicle and he just taken lift and caught red handed by the police in the vehicle.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Kaimur in connection with Mohania P.S. Case No. 245 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T