Chandan Rai @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57261 of 2023 Arising Out of PS. Case No.-369 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== CHANDAN RAI @ CHANDAN KUMAR son of Chandeshwar Rai VillageMile P.S- Bidupur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar, Advocate.

For the Opposite Party/s :

Mrs.Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2023 Heard Mr. Sudish Kumar, learned counsel appearing on behalf of the petitioner and Mrs. Meena Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bidupur P.S. Case No. 369 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the allegation made in the F.I.R., 100 litres of country made liquor was recovered from an E-Rickshaw.

4. Learned counsel appearing on behalf of the petitioner submits that the E-Rickshaw from which the liquor was recovered belongs to some other person and the petitioner was a passenger. He further submits that the liquor which was seized also does not belong to the petitioner nor the petitioner is involved in sale and smuggling of the liquor.

Patna High Court CR. MISC. No.57261 of 2023(2) dt.30-08-2023 2/2

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the F.I.R. as well as the fact that the petitioner has no concern either with the E-Rickshaw or the seized liquor, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.I cum Additional District and Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 369 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T