Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12468 of 2020 Arising Out of PS. Case No.-1134 Year-2019 Thana- KANKARBAG District- Patna ====================================================== Chintu Kumar Son of Late Rajdev Rai Resident of Mohalla- Changer Road No. 11, P.S.- Kankarbagh, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mrs.Usha Kumari Singh, Advocate For the Opposite Party :

Mr.Amarendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Kankarbagh Case No. 1134 of 2019 for offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that in the instant case, total 77.600 litres of country made liquor was seized. Learned counsel submits that name of the petitioner has surfaced on the confessional statement of co-accused Chhotu Rai @ Langra @ Dinanath Prasad. It is further submitted that nothing was recovered from the house of the petitioner nor from his conscious possession.

Considering the fact that the liquor was not recovered

Patna High Court CR. MISC. No.12468 of 2020(2) dt.06-03-2020 2/2 from house of the petitioner nor from his conscious possession, this Court is inclined to grant bail to him. Let petitioner, abovenamed, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise Act, Patna in connection with Kankarbagh Case No. 1134 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) BT/- U T