Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11566 of 2020 Arising Out of PS. Case No.-640 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== Chhotu Kumar Son of Binod Goswami Resident of Village - Ratanganj, P.S.- Sajore, Distt - Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 401 & 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
The prosecution case, in short, is that 6.75 liters wine and some stolen property is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-09-2019. Charge sheet/Prosecution report in this case has already been submitted. It is alleged that 6.75 liters wine and some stolen property is recovered. Nothing incriminating has been recovered from the
Patna High Court CR. MISC. No.11566 of 2020(2) dt.28-02-2020 2/2 conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Bhagalpur in connection with Kahalgaon P.S. Case No. 640 of 2019. (Sudhir Singh, J) A.K.V.//- U T