Chandan Dhanka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60093 of 2021 Arising Out of PS. Case No.-125 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== CHANDAN DHANKA S/o Bechan Dhanka @ Bichan Jhankar @ Bechan Danka Resident of Village- Barahi, P.S.- Parihar, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok- Advocate For the Opposite Party/s :

Mr. Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with G.O. Case No.125 of 2021, instituted for the offences under Section 30(A) of the Bihar Prohibition and Excise Act. The learned counsel for the petitioner submits that the petitioner is in custody since 17.07.2021, he is a person with clean antecedent and the prosecution report has been submitted in the case.

Allegation is of recovery of 108 litre of Nepali liquor from the petitioner.

The learned counsel for the petitioner submits that though the petitioner has been alleged that the liquor was

Patna High Court CR. MISC. No.60093 of 2021(2) dt.28-01-2022 2/2 recovered from him, but he was mere passer-by where the police was conducting search and the accused had fled away and the petitioner came to be implicated in the present case. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 17.07.2021, he is a person with clean antecedent and prosecution report has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with G.O. Case No.125 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T