Patna High CourtCR. MISC./80376/2023allowed

Chand v. The State Of Bihar

2024-01-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80376 of 2023 Arising Out of PS. Case No.-319 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== CHAND Son of Satyanarayan @ Satnarayan R/o vill - Dahar, P.S. - Israna, Distt. - Panipat (Hariyana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. The petitioner is alleged to have been arrested by the police team with a container bearing Registration No. UP14GT-2837 which was being driven by him. Upon search, total 1693 liters of illicit liquor was recovered from the said container.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has

Patna High Court CR. MISC. No.80376 of 2023(3) dt.25-01-2024 2/2 no concern with the alleged recovery of illicit liquor or with the container in question. He is only driver of the seized container but he has not knowledge about illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 2.8.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the 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 Muffasil P.S. Case No. 319 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise 1st, Aurangabad.

(Sunil Kumar Panwar, J) Amandeep/- U T