Patna High CourtCR. MISC./677/2024allowed

Chandan Kumar v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.677 of 2024 Arising Out of PS. Case No.-1924 Year-2023 Thana- Excise P.S. District- East Champaran ====================================================== Chandan Kumar Son Of Late Raju Sahani Resident Of Village - Jhakiya, Ward No.10, Police Station - Banjariya, District - East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act.

3. The petitioner is said to have been apprehended with a motorcycle who was carrying 76 liters of illicit country made liquor in a sac.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question. No any incriminating article has been recovered from

Patna High Court CR. MISC. No.677 of 2024(2) dt.16-01-2024 2/2 his possession. The petitioner is languishing in judicial custody since 19.9.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

7. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise Motihari P.S. Case No. 1924 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned special Judge, Excise Court No.2, East Champaran at Motihari.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) in the account of the concerned DLSA.

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