Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69092 of 2019 Arising Out of PS. Case No.-315 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Chandan Kumar, Son of Manoj Singh @ Manoj Kumar Singh, Resident of Village- Chakmasud, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.K.Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Bidupur P.S. Case No.315/2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to high handedness of the police. Learned counsel submits that no illicit liquor was recovered from the possession of the petitioner and his name has transpired in the confessional statement of coaccused. Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.69092 of 2019(2) dt.27-11-2019 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that allegation against the petitioner is that he was escorting the truck which was carrying illicit liquor even though this petitioner has no concern with the said truck and alleged liquor and that he has no criminal antecedent, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IInd-cum-Excise Court, Vaishali at Hajipur in connection with Bidupur P.S. Case No.315 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India

Patna High Court CR. MISC. No.69092 of 2019(2) dt.27-11-2019 3/3 without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T