Patna High CourtCR. MISC./57439/2023allowed

Chandan Kumar @ Chandan Yadav v. The State Of Bihar

2023-08-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57439 of 2023 Arising Out of PS. Case No.-265 Year-2016 Thana- HISUWA District- Nawada ====================================================== CHANDAN KUMAR @ CHANDAN YADAV S/O - UMASHANKAR YADAV R/O - VILLAGE - SUBHASH CHAUK, P.S. - JHUMARI TILAIYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 4212 bottles of illegal foreign liquor from a Truck.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is neither named in the FIR nor he has apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. On the basis of confessional statement of other coaccused and due to his criminal antecedents, the name of the

Patna High Court CR. MISC. No.57439 of 2023(2) dt.31-08-2023 2/2 petitioner has come into light. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 09.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 Court below in connection with Hisuwa P.S. Case No. 265 of 2016.

(Sunil Kumar Panwar, J) arish/- U