Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78721 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== Chandan Kumar Son of Late Naresh Mahto Resident of Village - Phulwaria - 3, Ward No. 5, P.S. - Phulwaria, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Submission is that the liquor was recorded from the possession of some other co-accused and they disclosed that they had brought the same from this petitioner. Petitioner has got no criminal antecedent Besides confessional statement of co-accused before the police which is no evidence in the eyes of law, there is no other material against the petitioner. Hence, prayer for anticipatory bail is allowed.

Let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender in the

Patna High Court CR. MISC. No.78721 of 2019(2) dt.03-12-2019 2/2 court below within a period of thirty days from the date of receipt of the order, on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Sri Raj Kishore Rai, Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Phulwaria P.S.Case No.136 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) B.Kr./- U T