Chandan Bind @ Lulu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81213 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- CHIKSAUR District- Nalanda ====================================================== 1.

CHANDAN BIND @ LULU Son of Late Chhotu Bind R/o vill - Balwapur, P.s - Chiksaura, Distt. - Nalanda 2.

Kundan Bind @ Kanden Kumar @ Kundan Kumar Son of Late Chhotu Bind R/o vill - Balwapur, P.s - Chiksaura, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 2.5 liters country made mahua liquor from a motorcycle.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case merely on the basis of suspicion. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.81213 of 2023(2) dt.15-12-2023 2/2 recovery and they were also not apprehended from the place of recovery. No any incriminating article has been recovered from conscious possession of the petitioners. It is further submitted that the petitioners are languishing in judicial custody since 27.09.2023 and 05.08.2023 respectively.

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 as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Chiksaura P.S. Case No. 09 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 Additional Sessions Judge-Vth-cum Special Judge Excise Nalanda at Bihar Sharif. (Sunil Kumar Panwar, J) manishkumar/- U T