Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18875 of 2020 Arising Out of PS. Case No.-270 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== CHHOTU KUMAR S/o Ram Chandra Mandal R/o village- Magurjan, Ward No. 07, P.S.- Barhara, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kashyap For the Opposite Party/s :

Mr. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Barhara Police Station Case No. 270 of 2019, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police, on secret information, intercepted one Scorpio vehicle, bearing Registration No. BR 11PB-6300, and recovered 150 litres of illicit liquor and also arrested one person, namely, Aashiki Kumar, who disclosed the name of the petitioner.

Patna High Court CR. MISC. No.18875 of 2020(2) dt.15-05-2020 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and has not committed any offence in the manner alleged. He further submits that the arrested co-accused person is the brother of the petitioner and he had taken the vehicle belonging to the petitioner for his personal use, which was intercepted by the police and illicit liquor was recovered from the said vehicle. He further submits that the co-accused Aashiki Kumar has been granted bail by this Court by order, dated 31.01.2020, passed in Criminal Misc. No. 5260 of 2020. He further submits that the petitioner has got no criminal antecedent and he is in judicial custody since 11.02.2020.

After having heard learned Counsel for the parties and taking into consideration the fact that the name of the petitioner was disclosed by the co-accused person, who has been granted bail by this Court and the petitioner is in custody since 11.02.2020, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge

Patna High Court CR. MISC. No.18875 of 2020(2) dt.15-05-2020 3/3 -cum- Special Judge (Excise), Purnea, in connection with Barhara Police Station Case No. 270 of 2019.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √