Chotu Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18110 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- KURSAILA District- Katihar ====================================================== CHOTU KUMAR @ CHHOTU KUMAR S/o Avdhesh Mandal R/o villageJago Tola, Turki, P.S.- Bhawanipur, District- Purnea ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Kursela P.S. Case No. 32 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It is the case of the prosecution that from the motorcycle belonging to the petitioner, the police recovered 40 liters of country made liquor.

Learned counsel for the petitioner has submitted that there is no chance of petitioner fleeing away from the course of investigation or trial and considering period of custody from 22.02.2020, the petitioner may be allowed the privilege of bail. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.18110 of 2020(2) dt.13-05-2020 2/3 Considering the facts and circumstances and the submissions advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, above named, be released 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 District Judge-II-cum-Special Judge, Excise Act, Katihar, in Kursela P.S. Case No. 32 of 2020. Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shallbe preserved in my residential-office for documentation and future use, if any.

(iv) The said order shall be communicated to the

Patna High Court CR. MISC. No.18110 of 2020(2) dt.13-05-2020 3/3 Court below for the needful by the Registry through e-mail. Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T