Chandan Rai @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74454 of 2022 Arising Out of PS. Case No.-67 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Chandan Rai @ Chandan Kumar Son Of Sant Lal Ray @ Sant Lal Rai Resident Of Village - Mahmadpur Manorath, P.S.- Vaishali In The District Of Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1506.93 litres of Indian Made Foreign Liquor from the Dalan of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He has no concern with the

Patna High Court CR. MISC. No.74454 of 2022(2) dt.25-02-2023 2/2 alleged recovery. He has sou-moto surrendered on 27.11.2022 and since then he is languishing in judicial custody. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2-cumAdditional District & Session Judge, Vaishali, Hajipur in connection with Vaishali P.S. Case No. 67 of 2021. (Sunil Kumar Panwar, J) nirajkrs/- U T