Patna High CourtCR. MISC./72576/2024allowed

Chandan Kumar v. The State Of Bihar

2024-10-08Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72576 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Chandan Kumar S/o- Rajan Das Village- Manmadho PS- Tankuppa DistGaya Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyadarshi Pankaj Raj Anand, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30 (a) and 32 (3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The case of the prosecution is that altogether 150 liters of country made liquor was recovered from the bike of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted by the learned counsel for the petitioner that the bike does not belong to the petitioner and that while making the seizure, section 100

Patna High Court CR. MISC. No.72576 of 2024(2) dt.08-10-2024 2/2 of the Cr.P.C. was not followed. Petitioner is having no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 16.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise (Sherghati) P.S. Case No. 130 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. 3, Gaya.

(Ashok Kumar Pandey, J) Jagdish/- U T