Chhotu Mandal @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17935 of 2020 Arising Out of PS. Case No.-292 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Chhotu Mandal @ Chhotu Kumar Son of Dinesh Mandal Resident of Village / Mohalla - Chuna Bhatti Ser Singh Gali, P.S.- L.N.M.U., DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in L.N.M.U P.S. Case No. 292 of 2019 (G.O. Case No. 969 of 2019), registered for the offence punishable under Sections 272/273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

On secret information, the police party raided the vacant land which belongs to Suresh Mandal. After seeing the police party, all the three accused persons fled away. On search, 243 litres of Nepali liquor is said to have been recovered from

Patna High Court CR. MISC. No.17935 of 2020(2) dt.11-06-2020 2/2 the said vacant land near a wall. Local people disclosed the name of this petitioner, as one of the accused persons who fled away from the said place.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Petitioner is not apprehended on the spot. The provision of section 100 Cr.P.C has not been followed. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Darbhanga in connection with L.N.M.U P.S. Case No. 292 of 2019 (G.O. Case No. 969 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T