Chandra Shekhar Kumar @ Chandra Shekhar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67961 of 2021 Arising Out of PS. Case No.-73 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== CHANDRA SHEKHAR KUMAR @ CHANDRA SHEKHAR MANDAL Son of Jag Mohan Mandal Resident of Village- Tintanga Karari, P.S.- Gopalpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 12 litres of IMFL and 158.4 litres of country liquor was seized from the hut belonging to the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has no concern with the seized articles or the hut from which it was allegedly seized. The place of seizure in the seizure list is also different and it does not

Patna High Court CR. MISC. No.67961 of 2021(2) dt.29-04-2022 2/2 contain the signature of the petitioner. The petitioner is in custody since 12.8.2021 and the cause of false implication of the petitioner is his antecedents. Chargesheet has been submitted in the case.

Having heard learned counsel for the parties and taking into consideration the recovery of 170 litres of liquor together with the petitioner having antecedents under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody. (Partha Sarthy, J) Saurabh/- U T