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Patna High CourtCR. MISC./13001/2020bail granted

Amit Kumar @ Chunnu v. The State Of Bihar

2020-06-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13001 of 2020 Arising Out of PS. Case No.-405 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== Amit Kumar @ Chunnu, Male, aged about 32 years, S/o Late Arbind Chaudhari, R/o village- Banaul, P.S.- Nanpur, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-06-2020 Heard both sides through video conferencing.

The petitioner seeks bail in Nanpur P.S. Case No.405 of 2019, registered under Sections 30, 30(a), 38(i) (ii) and 41 of Bihar Prohibition and Excise Act.

The informant, S.H.O. of Nanpur P.S., named ten persons and alleged that they had brought a consignment of liquor and they were trying to distribute the same on the road of Ukhra Banaul. On such information, the informant and other police officials raided the place and found a ten wheeler truck and a pick up van standing there but the accused persons managed to flee away. From the truck and pick up van 1718 litres of liquor of different brands was recovered. Learned counsel for the petitioner submits that the informant of course named the petitioner but did not disclose

Patna High Court CR. MISC. No.13001 of 2020(3) dt.09-06-2020 2/2 that from which source he got the name of the petitioner as liquor baron. The petitioner has got no criminal antecedent and there is nothing on record to show that the petitioner ever indulged in illicit trade of liquor. The petitioner is in jail since 14.01.2020. Similarly situated some of the accused persons have been granted bail by this Court.

Taking into consideration the facts aforesaid and the fact that the petitioner has got no criminal antecedent and nothing appears to have been recovered from conscious possession of the petitioner, petitioner, namely, Amit Kumar @ Chunnu 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 Additional Sessions Judge-II-cum-Special Judge (Excise Act), Sitamarhi in connection with Nanpur P.S. Case No.405 of 2019. (Prabhat Kumar Jha, J) S.KUMAR/- U T