Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75489 of 2024 Arising Out of PS. Case No.-349 Year-2024 Thana- ALOULI District- Khagaria ====================================================== 1.
CHANDAN KUMAR SON OF DILIP PASWAN RESIDENT OF VILLAGE- RAMPUR ALAULI, WARD NO.-6, P.S.-ALAULI, DISTRICTKHAGARIA 2.
TINKU KUMAR @ GHOGHAN SON OF DINESH PASWAN RESIDENT OF VILLAGE- RAMPUR ALAULI, WARD NO.-6, P.S.-ALAULI, DISTRICT- KHAGARIA 3.
MUKESH PASWAN SON OF JAY JAY RAM PASWAN RESIDENT OF VILLAGE- RAMPUR ALAULI, WARD NO.-6, P.S.-ALAULI, DISTRICTKHAGARIA 4.
KUNDAN KUMAR @ BHOLA SON OF DILIP PASWAN RESIDENT OF VILLAGE- RAMPUR ALAULI, WARD NO.-6, P.S.-ALAULI, DISTRICTKHAGARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Advocate Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Alauli P.S. Case no. 349 of 2024 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, the informant states that on secret information having been received about the accused persons including the petitioners herein being involved in manufacture of liquor, it is stated that a raid was conducted.
Patna High Court CR. MISC. No.75489 of 2024(2) dt.14-11-2024 2/3 On the informant and others reaching near the place of occurrence, the accused managed to escape. They were identified by the Chaukidar as the four petitioners herein and one another. 20 litres of country liquor was recovered.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. Neither were they arrested at the spot nor any incriminating article recovered from their possession. The cause of false implication is their antecedents. The petitioners have no concern with the seized liquor nor with the place from which it was allegedly seized. They undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners in the F.I.R., the petitioners not having any concern with the place of seizure of the liquor nor with the seized liquor, it is directed that all the four petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Alauli P.S. Case no. 349 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.75489 of 2024(2) dt.14-11-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge I, Khagaria.
(Partha Sarthy, J) avinash/- U T