Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82682 of 2024 Arising Out of PS. Case No.-255 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Chandan Kumar Son of Ram Prasad Singh Resident of Village - Gaupur , police Station - Ujiyarpur , District - Samastipur 2.

Sonu Kumar Son of Ram Prasad Singh Resident of Village - Gaupur , police Station - Ujiyarpur , District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Ujiarpur P.S. Case No. 255 of 2024 registered for the offences punishable under Sections 30(a), 41(1) and 41(ii) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 485.865 litres illicit foreign liquor was recovered from Scorpio vehicle. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence as alleged against him and has falsely been implicated in the present case. Petitioners have no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered

Patna High Court CR. MISC. No.82682 of 2024(2) dt.05-12-2024 2/2 from the possession of the petitioners. The petitioners are neither the owner nor the driver of the seized vehicle. There is no compliance of Section 103 of B.N.S.S.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ujiarpur P.S. Case No. 255 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T