Chandan Kumar @ Chandan Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19427 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- SIKTA District- West Champaran ====================================================== Chandan Kumar @ Chandan Kumar Ram S/o Raju Ram, R/o VillageBrohiya, Post Office Chaubey Tola, P.S.- Chanpatia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Kumar Dwivedy, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 12.01.2018 in connection with Sikta P.S. Case No. 07 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, as lodged by the police officials, is that during patrolling, they found three motorcycles coming from Indo-Nepal Border. While the riders of two motorcycles fled away on seeing the police, but the petitioner, who was on the third motorcycle, was apprehended. On search, 36.200 liters of Nepali Saufi wine was recovered from the motorcycle of the petitioner and from the other motorcycles,

Patna High Court Cr.Misc. No.19427 of 2018(2) dt.24-04-2018 2/3 180 bottles each containing 300 ML were recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that he had no concern with the seized liquor from the two motorcycles and even the third motorcycle did not belong to him. He submits that nothing has been recovered from his conscious possession and he is languishing in judicial custody for more than three months.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in connection with Sikta P.S. Case No. 07 of 2018, subject to the conditions that:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an

Patna High Court Cr.Misc. No.19427 of 2018(2) dt.24-04-2018 3/3 affidavit stating his relationship with the petitioner.

(2) It is also made clear that if, in future, petitioner indulges in an offence of similar nature, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T