Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75190 of 2023 Arising Out of PS. Case No.-236 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== 1.

CHANDAN KUMAR Son of Ramvilash Mahto R/o vill - Shahganj Devi Ashthan, Musllahpur Hat, P.S. - Sultanganj, Distt. - Patna 2.

Budhan Kumar Son of Jokhu Ray R/o vill - Tersiya Pillar No. 08, P.S. - Ganga Bridge, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Vishnupad P.S. Case No. 236/2023 registered for the offences punishable under Sections 467, 468, 471, 413, 414/34 of the Indian Penal Code and Sections 30(a), 32(i) (ii), 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, there was alleged recovery of total 351 liters foreign liquor from one container in question. Petitioner no.1 is driver and petitioner no.2 is cleaner of the said vehicle and they apprehended on the spot.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.75190 of 2023(2) dt.28-11-2023 2/3 petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are languishing in custody since 07.09.2023 and bear no criminal antecedent. He further submits that the petitioners are not the owner of the alleged vehicle in question. Petitioner no.1 is driver and petitioner no.2 is cleaner of the said vehicle, have no knowledge regarding the alleged liquor that have been kept in the said vehicle. The petitioners have to follow the instruction of his owner to earn the livelihood. He further submits that the seizure list has not been prepared as per the law. The petitioners have no concern with the seized illegal liquor.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners.

6. Considering the facts and circumstances of the case, period of custody and keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.4th, Gaya in connection with

Patna High Court CR. MISC. No.75190 of 2023(2) dt.28-11-2023 3/3 Vishnupad P.S. Case No. 236/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T