Chandrabhanu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75702 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- KAJRA District- Lakhisarai ====================================================== CHANDRABHANU KUMAR S/O GOPAL JHA VILLAGEBASUDEOPUR, PS. KAJRA, DIST. LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 100 liters of illegal Mahua liquor from a Jute bag.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case. On the basis of suspicion, the name
Patna High Court CR. MISC. No.75702 of 2023(2) dt.29-11-2023 2/2 of the petitioner has come into light. He is languishing in judicial custody since 25.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Addl. District and Sessions JudgeVth-cum-Spl. Excise Court-2nd, Lakhisarai in connection with Kajra P.S. Case No. 123 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T