Chhotu Thakur @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14226 of 2020 Arising Out of PS. Case No.-957 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== Chhotu Thakur @ Chhotu Kumar, Son of Gaurav Thakur @ Dinesh Thakur, Resident of Village - Sanhouli, P.S.- Chitragupt Nagar, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Bhushan, Advocate.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-08-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 957 of 2019, registered under Section 30(a) of the Bihar Excise Act. The accusation is that in course of patrolling duty, when the informant and other police personnel reached near Sun Temple then two persons were seen on motorcycle in suspicious condition. On seeing the police party, both succeeded to flee away leaving the motorcycle. At that time, Yashwant Jha, son of Ganesh Jha was driving the motorcycle and this petitioner was also sitting on the back side of that motorcycle. On search, one bag containing one bottle of 750 ml of Indian made foreign

Patna High Court CR. MISC. No.14226 of 2020(2) dt.13-08-2020 2/2 liquor was recovered from the said motorcycle. Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner and petitioner is neither the owner of the seized motorcycle. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Khagaria, in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 957 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T