Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68705 of 2024 Arising Out of PS. Case No.-809 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Chandan Kumar Son of Upendra Saw Resident of Vill- Bisheni, P.S.- Aurangabad Muffasil, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends arrest in connection with Excise P.S. Case No. 809 of 2024 registered under Sections 30(a), 30(c), 30(d) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that, 138.600 liters country made liquor, 35 litres of spirit and other articles were recovered from beneath the neem tree.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor.

Patna High Court CR. MISC. No.68705 of 2024(2) dt.03-10-2024 2/2 It is submitted that recovery is made from an open place, which is accessible to one and all. The petitioner has got no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 809 of 2024 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Raj Kishore/- U T