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Patna High CourtCR. MISC./52046/2023bail granted

Chandan Chaudhary @ Chandan Kumar v. The State Of Bihar

2023-08-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52046 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- GOVINDPUR District- Nawada ====================================================== Chandan Chaudhary @ Chandan Kumar S/O Manoj Chaudhary R/O VillagePipra, P.S- Govindpur, Distt.- Nawada. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023

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

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 30(d), 41 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 140 litres of liquor from Chahali Hill.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on information disclosed by the Chaukidar with whom, he is on an inimical term. It is next submitted that even alleged recovery is from a place, which is accessible to

Patna High Court CR. MISC. No.52046 of 2023(2) dt.16-08-2023 2/2 public at large.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1st, Nawada in connection with Govindpur P. S. Case No.81 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T