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Patna High CourtCR. MISC./4082/2022allowed

Chandan Singh @ Chandan Kumar v. The State Of Bihar

2022-06-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4082 of 2022 Arising Out of PS. Case No.-629 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== CHANDAN SINGH @ CHANDAN KUMAR Son of Late Mukesh Chaudhary Resident of Village- Kharauna Jairam (Dih), P.S.- Kudhani (Turki O.P.), District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Prohibition Act, 2016.

It is a case of recovery of about 115.560 liters of foreign liquor from the scooty bearing registration no.8169 of which belongs to co-accused Neeraj Kumar.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner was transpired on the basis of confessional statement of co-accused Prakash Kumar. He further submits that he has no concern with the

Patna High Court CR. MISC. No.4082 of 2022(2) dt.14-06-2022 2/2 seized liquor or seized vehicle and no incriminating article has been recovered from the conscious or constructive possession of the petitioner. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 629 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T