Tej Pratap Khandelwal @ Vishnu Khandelwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61580 of 2022 Arising Out of PS. Case No.-674 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== Tej Pratap Khandelwal @ Vishnu Khandelwal, aged about 23 years, Male, Son of Rajesh Khandelwal Resident of Mohalla - Kalali Patti, Karkend Bazar, Kusunda, P.S.- Putki, District - Dhanbad (Jharkhand) at present Address - HIG 3/19, Sector 3 SF A Bahadurpur Housing Colony behind Shiv Mandir, P.S.- Agamkuan, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Commissioner Excise Department Bihar Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shruti Sinha, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Agamjuan P.S. Case No. 674/2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018 .

On secret information, it is alleged that the police has come to the spot, where illegal consignment of Codeine Phosphate and Chlorpheniramine Maleate, EKSUF cough syrup, nearly 800 (eight hundred) litres was being unloaded. The petitioner has been arrested from the place of recovery. It is alleged that he has confessed to be the consignee.

The learned counsel for the petitioner submits that petitioner is a man of clean antecedent and has no concern with the consignment.

Patna High Court CR. MISC. No.61580 of 2022(2) dt.06-01-2023 2/2 The petitioner happened to be in the market, and therefore, has been arrested. He has remained in custody since 04.09.2022. Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, 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 the learned Ananya Special Judge Excise, Patna City, in connection with Agamkuan P.S. Case No.

674/2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.