Chandan Yadav @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83392 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== Chandan Yadav @ Chandan Kumar S/O Dinesh Yadav, Resident of villageBrahmoriya, P.S- Roushanganj, Dist.- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Kumar, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-12-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Roushanganj P.S. Case No. 145 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 21.09.2024.

4. 5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 120 litres of IMFL/country made liquor from the motorcycle.

Patna High Court CR. MISC. No.83392 of 2024(2) dt.13-12-2024 2/3

5. Learned Counsel appearing on behalf of the petitioner submitted that name of the petitioner transpired in present case out of confessional statement of co-accused, namely, Surendra Manjhi @ Surendra Bhuiyan, who has already granted bail by this Court through Cr. Misc. No. 45553 of 2023 dated 03.08.2023. It is submitted that the implication appears through motorcycle of petitioner having registration no. BR01CN7122. It is submitted by learned counsel that out of love and affection, the petitioner provided his motorcycle to Surendra Manjhi on the date of occurrence but unfortunately, it was misused by him for illegal purpose. It is submitted that petitioner found involved in one more criminal case, where he is on bail.

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances as recovery of illicit liquor not appears from the physical possession of this petitioner, who is in custody since 21.09.2024 accordingly, petitioner above named, is directed to be released on bail in connection with Roushanganj P.S. Case No. 145 of 2023 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.83392 of 2024(2) dt.13-12-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge Court No. V, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. /Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T