Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57036 of 2025 Arising Out of PS. Case No.-371 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== Chandan Kumar S/o Kamal Singh R/o Village - Baghachour, P.S - Tarya Sujan, District - Kushinagar. Uttar Pradesh . ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.

3. There is total recovery of 52 litres of country made liquor from the drum loaded on the motorcycle. The petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion as he was standing near the seized vehicle. Nothing has been recovered from conscious possession of the petitioner. Petitioner is neither driver nor the owner of the vehicle. Petitioner has no concern with the seized liquor or

Patna High Court CR. MISC. No.57036 of 2025(2) dt.03-09-2025 2/2 vehicle. The charge sheet has already been submitted and there is no chance of tampering with the evidence or absconding of the petitioner. Petitioner has no criminal antecedent and he is in jail since 23.06.2025. Petitioner undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IV-cumExclusive Special Excise Court-II, Gopalganj in connection with Excise (Gopalganj) P.S. Case No.371 of 2025. (Sunil Dutta Mishra, J) Harish/- U T