Chandeshwar @ Chandeshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56123 of 2022 Arising Out of PS. Case No.-209 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Chandeshwar @ Chandeshwar Kumar S/O Raja Sahani @ Raja Mukhiya @ Radha Mukhiya, Resident of Village- Tinkoni, P.S.- Darpa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Chhauradano P.S. Case No. 209 of 2022 lodged under Sections 272 and 273 of the I.P.C. read with Section 30(a) of Bihar Prohibition and Excise Act.

As per prosecution case, total recovery of 75.30 litre Nepali wine has been made, which is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is a labour and used to live in the border area. He

Patna High Court CR. MISC. No.56123 of 2022(2) dt.02-12-2022 2/2 further submits that the real culprit has asked the petitioner to bring this bag from one place to another, in doing so police has arrested him and from his possession the said bag has been recovered, in which such amount of Nepali wine was kept. He further submits that antecedent of the petitioner is clean and he is in custody since 28.06.2022 and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No-2, East Champaran, Motihari in connection with Chhauradano P.S. Case No. 209 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T