Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80922 of 2019 Arising Out of PS. Case No.-286 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== CHANDAN KUMAR Son of Vakil Ray Resident of Village - Tok, P.S.- Gaighat (Benibad O.P), Distt - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Adv.

For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2019 This application, for grant of anticipatory bail, arises out of Gaighat (Banibad O.P.) P.S. Case No. 286 of 2019, disclosing offences under Sections 272, 273, 414, 120(B) of the Indian Penal Code and Section 30(a), 38, A of the Bihar Prohibition and Excise Act.

Prosecution case is that plice got the information of carrying of liquor in the Scorpio vehicle, arrested one person, who disclosed that the liquor was unloaded in the house of Uttam Singh and, thereafter, huge quantity of liquor was recovered from the house of Uttam Singh and arrested accused also disclosed the names of petitioner and others as the person, who fled away.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been

Patna High Court CR. MISC. No.80922 of 2019(2) dt.10-12-2019 2/2 implicated in this case only on the basis of confession made by co-accused and except that there is nothing against the petitioner and there is no recovery either from the house of the petitioner or at his instance.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Gaighat (Banibad O.P.) P.S. Case No. 286 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T