Chhotu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1729 of 2020 Arising Out of PS. Case No.-767 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== CHHOTU KUMAR SAH Son of Sudhir Sah Resident of Village - Lankatol, P.S.- K. Hat (Madhubani), Distt - Purnia.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Khazanchi Hat (Madhubani) P.S. Case No. 767/2019 registered under Sections 272, 273 of the Indian Penal Code and Sectin 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that the illicit liquor has been allegedly recovered from the house of the co-accused Mithilesh Kumar Jha and nothing has been recovered from the conscious possession of this petitioner, however, petitioner has no criminal antecedent and he is in custody since 04.12.2019.

Learned A.P.P. for the State has opposed the

Patna High Court CR. MISC. No.1729 of 2020(2) dt.14-01-2020 2/3 prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the illicit liquor has been allegedly recovered from the house of the co-accused Mithilesh Kumar Jha, there is no recovery from the possession of this petitioner, petitioner has no criminal antecedent and is in custody since 04.12.2019, let the above-named petitioner, on completion of investigation, be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District Judge - II - cum - Special Judge, Excise Act, Purnia, in connection with Khazanchi Hat (Madhubani) P.S. Case No. 767/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.1729 of 2020(2) dt.14-01-2020 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T