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Patna High CourtCR. MISC./302/2023allowed

Chandan Singh v. The State Of Bihar

2023-03-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.302 of 2023 Arising Out of PS. Case No.-370 Year-2022 Thana- NAGAR District- Vaishali ====================================================== 1.

Chandan Singh S/O Late Lalan Singh R/O Village- Rambhadra, P.S- Town Hajipur, District- Vaishali 2.

Rana Singh S/O Ajay Singh R/O Village- Helabazar, P.S- Town Hajipur, 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.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have 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 600 ml of Indian Made Foreign Liquor from the house of petitioner, namely, Chandan Kumar.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have no concern with the alleged recovery. Nothing incriminating has been recovered

Patna High Court CR. MISC. No.302 of 2023(2) dt.29-03-2023 2/2 from the conscious possession of the petitioners. They are languishing in judicial custody since 19.07.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties, period under custody and considering the fact that meagre quantity of liquor has been recovered, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1-cumAdditional District & Sessions Judge, Vaishali, Hajipur in connection with Hajipur Town P.S. Case No. 370 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T