Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8155 of 2024 Arising Out of PS. Case No.-375 Year-2023 Thana- KARPI District- Jehanabad ====================================================== Chandan Kumar, aged about 30 years (M), S/O Ganpat Shaw R/O VillageSarwali, P.S- Karpi, Distt.- Arwal. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar, Advocate.

Mr. Abhishek Anand, Advocate.

Mr. Tahsin Nayyar Siddiqui, Advocate.

For the Opposite Party/s :

Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Karpi P.S. Case No. 375 of 2023 instituted for the offence under Sections 30(a) of Bihar Prohibition and Excise Act. 3.

As per the prosecution case, total 75 litres of beer and 37.5 litres of illicit foreign liquor were recovered from the auto vehicle.

4.

It has been submitted on behalf of the petitioner's counsel that the petitioner is in custody since 14.10.2023. Petitioner has no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.8155 of 2024(2) dt.16-02-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is further submitted that petitioner is neither owner nor driver of the said auto vehicle. The name of the petitioner has transpired on the confessional statement of apprehended coaccused. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Karpi P.S. Case No. 375 of 2023.

(Rudra Prakash Mishra, J) Nilmani/- U T