Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86050 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Chandan Kumar S/O Ganesh Muni Village- Kuwari Gola, Ps. Dhamdhah, Dist. Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 420, 467, 468, 471/34 of the Indian Penal Code and Sections 30(a), 32, 41, 47 of the Bihar Prohibition & Excise Act.

There is recovery of 172.41 litres of illicit Indian made foreign liquor from a Maruti Suzuki vehicle. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.86050 of 2023(2) dt.12-01-2024 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 has no concern either with the seized vehicle or the illicit liquor. The petitioner is languishing in custody since 11.11.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

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

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.86050 of 2023(2) dt.12-01-2024 3/3 Judge-II-cum-Special Judge (Excise-I), Kishanganj in connection with Special Case No. 506 of 2023, arising out of Kochadhaman P.S. Case No. 273 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T