Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69998 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Chandan Kumar Son of Madho Singh, Resident of Village - Kawladihari, PSChauri, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Awadhesh Kumar Pandey, learned counsel appearing on behalf of the petitioner and Rana Randhir Singh, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Chauri P.S.Case No.45 of 2023, registered for the offences punishable under Section 30(a) of Bihar Excise & Prohibition Act, 2018.

3. Prosecution story in short is that the police got information that the petitioner is standing near 'Darno More' holding a black colour bag for sale and purchase of illicit liquor but seeing the police, the petitioner fled away throwing his bag containing 20 ltrs. country-made illicit liquor in two plastic bags.

4. Learned counsel appearing on behalf of the petitioner submits that nothing has been recovered from the

Patna High Court CR. MISC. No.69998 of 2023(2) dt.01-11-2023 2/2 conscious or physical possession of the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and considering the nature of allegation of recovery of 20 ltr. of country-made illicit liquor, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the court of Special Excise Court No.1, Bhojpur at Ara in connection with Chauri P.S.Case No.45 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U