Chandan Kumar Dinu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90076 of 2024 Arising Out of PS. Case No.-315 Year-2024 Thana- Excise P.S. District- Khagaria ====================================================== Chandan Kumar Dinu S/O Late Naresh Singh R/V Teghra Ward No.- 14 PSTeghra Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khagaria Excise PS Case No. 315 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 414 liters foreign liquor was recovered from pickup van. Petitioner was arrested on the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.90076 of 2024(2) dt.16-01-2025 2/2 no concern with the alleged recovery of liquor. Petitioner is the driver of the vehicle in question and he was oblivious of the fact that illicit liquor was laden in the vehilce. The petitioner is in custody since 25-10-2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

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

7.

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 Khagaria Excise PS Case No. 315 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T