Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46724 of 2018 Arising Out of PS.Case No. -115 Year- 2018 Thana -KHAGAUL District- PATNA ======================================================

1. Chhotu Kumar, Son of Sanjay Paswan, R/o Gauraiya Sthan, Garikhana, P.S.- Khagaul, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Smt. Meena Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

27 liters of foreign liquor is said to have been recovered from two vehicles and petitioner and three other accused persons managed to escape from the aforesaid place seeing the police party but were identified by the locals. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in the case at the instance of his enemy. The identity and genuineness of the source of information is not

Patna High Court Cr.Misc. No.46724 of 2018 (2) dt.01-08-2018 2/2 mentioned in the written report of the informant. Seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. Petitioner was not apprehended on the spot. He has no criminal antecedent. Similarly situated co-accused, namely, Sikandar Yadav and Golu Kumar have been enlarged on anticipatory bail by a co-ordinate bench of this court vide order dated 11.07.2018 passed in Cr. Misc. No. 38677 of 2018 and Brajesh Kumar Mahto and the petitioner (Chhotu Kumar) have also been enlarged on anticipatory bail by a co-ordinate bench of this court vide order dated 09.07.2018 passed in Cr. Misc. No. 37256 of 2018 but the petitioner was apprehended in the mean time and is in custody since 26.06.2018.

Considering the facts aforesaid, the above named petitioner 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 Special Judge, Excise Act, Patna in connection with Special Case No. 4392 of 2018 arising out of Khagaul P.S. Case No. 115 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T