Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80593 of 2023 Arising Out of PS. Case No.-1717 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== Chandan Kumar S/O Surendra Chaudhary Village- Jamuhar, Ps. Dehri (MUFFASIL), Dist. Rohtas.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 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), 56(b) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 108 litres of IMFL from a Tata Indica Car bearing Reg. No. UP-61P-3011. Petitioner along with other co-accused persons were apprehended on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. Nothing

Patna High Court CR. MISC. No.80593 of 2023(2) dt.14-12-2023 2/2 incriminating has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 29.09.2023. 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 Excise Court No. III, Gaya in connection with Excise P.S. Gaya Case No. 1717 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T