Chunnu Kumar @ Chunmun @ Chunmun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11269 of 2025 Arising Out of PS. Case No.-901 Year-2021 Thana- FATUA District- Patna ====================================================== Chunnu Kumar @ Chunmun @ Chunmun Singh S/O Gorakh Singh R/O Village- Jafrabad, P.S- Fatwah, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-03-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Fatua P.S. Case no.901 of 2021 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that the petitioner along with others involved in sale of liquor, the police party conducted raid. However, on seeing police personnel the accused managed to escape. On search, 180 liters of country liquor was recovered from eleven plastic boxes kept in the field.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There was no

Patna High Court CR. MISC. No.11269 of 2025(2) dt.26-03-2025 2/3 independent witness to the seizure list and no recovery has been made from the conscious possession of the petitioner or from his house. The said land also does not belong to the petitioner and the said land is an open space which is accessible to everyone. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the facts of the case that the petitioner has no criminal antecedent and the illicit recovery was made from an open space which is accessible to everyone, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Fatua P.S. Case no.901 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Patna City, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that:- (i) The petitioner shall co-operate in the

Patna High Court CR. MISC. No.11269 of 2025(2) dt.26-03-2025 3/3 investigation/trial.

(ii) The learned Court below shall verify the criminal antecedent of the petitioner before releasing him on bail and if, it is found that the petitioner is involved in any other cases, his bail bond shall not be accepted by the learned Court below. (Soni Shrivastava, J) Harsh/- U T