Patna High CourtCR. MISC./60652/2024bail granted

Chandan Kumar v. The State Of Bihar

2024-09-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60652 of 2024 Arising Out of PS. Case No.-933 Year-2020 Thana- ARARIA District- Araria ====================================================== Chandan Kumar son of Birendra Yadav Resident of Village- Hirolwa, PsShankarpur, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Araria (Bairgachhi) P. S. Case No. 933/2020 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, during vehicle checking, a Tata Magic vehicle, bearing Registration No. BR 19GA-5096, was seized and upon search, 286.125 litre foreign liquor was recovered.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion. Petitioner is neither driver nor owner of the

Patna High Court CR. MISC. No.60652 of 2024(2) dt.06-09-2024 2/2 vehicle in question and his name transpired on confessional statement of co-accused. Petitioner is in custody since 26.07.2024.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise-I, Araria in connection with Araria (Bairgachhi) P. S. Case No. 933/2020.

(Prabhat Kumar Singh, J) Navya/- U T