Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 83004 of 2019 Arising Out of PS. Case No.-188 Year-2018 Thana- BALIYA District- Begusarai ====================================================== CHANDAN KUMAR Son of Kapo Chaudhary Resident of Village - Bahadur Nagar, P.S.- Muffasil, Distt - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Balia Police Station (for brevity, PS) Case No 188 of 2018 instituted for the offence under Section(s) 30 (a), 32/41 (1) of Bihar Excise and Prohibition Act, 2016.

It is submitted by learned counsel for the petitioner that merely for the fact that earlier the petitioner has been implicated in other cases, in the instant case also, his name has been dragged in course of investigation without any basis. H has not been apprehended at the place from where the alleged seizure was made and he has no concern with the 1649 liters of illicit liquor which has been recovered from the vehicle and also by its

Patna High Court CR. MISC. No.83004 of 2019(2) dt.13-12-2019 2/2 side. Petitioner is not owner of the vehicle in question. He is in custody since 29.10.2019.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II -cum- Special Judge, Excise Act, Begusarai in connection with Balia PS Case No 188 of 2018 dated 05.07.2018 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T