Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79601 of 2025 Arising Out of PS. Case No.-334 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Chandan Kumar Son of Vijay Rai R/o Village - Sidhi Ghat, P.S. - Khajekalan, Dist. - Patna (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md.Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-12-2025 Heard Mr. Akash Kumar Mishra, learned counsel appearing on behalf of the petitioner and Md. Anzarul Haque Sahara, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Khajekalan P.S.Case No.334 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 57.8 litrs. of country-made liquor was recovered from behind the newly constructed park.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel further submitted that the place of recovery is open place, which is

Patna High Court CR. MISC. No.79601 of 2025(2) dt.03-12-2025 2/2 accessible to anyone.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties, as well as, considering the fact that the place of recovery is open place, which is accessible to anyone, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City in connection with Khajekalan P.S.Case No.334 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T