Chhotelal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3167 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- HATHUA District- Gopalganj ====================================================== CHHOTELAL SINGH S/o Late Narad Singh R/o village- Nerui, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a)(b)(c)(d)(e)(f), 34, 36, 41, 47 of the Bihar Prohibition and Excise Act, Sections 328, 307 of the Indian Penal Code and Sections 18/18(c) of the Drug and Cosmetics Act, 1940.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 77 litres of illicit wine has been recovered from the house of the co-accused. The allegation against the petitioner is that the petitioner is said to have fled away from the place of occurrence after seeing the police. The petitioner has got five criminal antecedents as stated in paragraph-3 of the bail application.

Patna High Court CR. MISC. No.3167 of 2022(2) dt.01-07-2022 2/2 Petitioner is agree to deposit a sum of Rs. 25,000/- (rupees twenty five thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the facts aforesaid and the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Hathuwa P.S. Case No.199 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T