Parmanand Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5547 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- FALKA District- Katihar ====================================================== Parmanand Chauhan Son of Sadhu Chauhan Resident of Village- Barh, P.S. barh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(C) 32(B) of the Bihar Prohibition & Excise Act.

As per prosecution case, 3000 Kg tablets of Nausaadar was recovered from a pick-up van and petitioner along with other co-accused persons were apprehended from the spot.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.5547 of 2024(2) dt.09-02-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is only driver of the pick-up van and he had no knowledge about the said alleged seized Nausadar. The petitioner is languishing in custody since 27.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this court vide order dated 23.01.2024 passed in Cr. Misc. No. 174 of 2024. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District &

Patna High Court CR. MISC. No.5547 of 2024(2) dt.09-02-2024 3/3 Sessions Judge-cum-Exclusive Special Excise Court No.- II, Katihar in connection with Falka P.S. Case No. 346 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T