Chandan Sahni @ Koyala @ Komla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65373 of 2022 Arising Out of PS. Case No.-272 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Chandan Sahni @ Koyala @ Komla Son Of Dorik Sahni R/O VillageMaheshpura, P.S.- Khodawandpur (Chhourahi O.P.), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Arjun Prasad, Advocate For the State :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

The petitioner seeks bail in connection with Khodawandpur P.S. Case No.272 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is not named in the F.I.R. and is in custody since 29.09.2022.

The allegation against the petitioner is to be involved

Patna High Court CR. MISC. No.65373 of 2022(2) dt.09-12-2022 2/3 in illegal trading of illicit liquor, where, there was recovery of 25 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that the cycle from where the alleged recovery of illicit liquor was made, was not connected in any manner with the petitioner. It is also submitted the seizure list appears doubtful, being not supported by independent witnesses rather by police personnel. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as seizure list appears doubtful being not supported by independent witnesses rather by police personnel, where petitioner is in custody since 29.09.2022, coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Khodawandpur P.S. Case No.272 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive

Patna High Court CR. MISC. No.65373 of 2022(2) dt.09-12-2022 3/3 Special Excise Judge-I, Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T