Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71654 of 2018 Arising Out of PS. Case No.-351 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== Chhotu Kumar, Son of Late Khiladi Yadav, a resident of Mittanghat, P.S.- Khajekalan, District- Patna.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 Petitioner prays for bail in connection with Special Case No. 9090 of 2018, arising out of Khajekalan P.S.Case No. 351 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 30 litres of liquor from the possession of petitioner.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he is in custody for more than two months, having no criminal antecedent.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to learned court below to verify the criminal antecedent of the

Patna High Court Cr.Misc. No.71654 of 2018(2) dt.12-12-2018 2/2 petitioner and if it is found that there is no criminal antecedent against him, petitioner shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna, in connection with Special Case No. 9090 of 2018, arising out of Khajekalan P.S.Case No. 351 of 2018, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, otherwise learned court below may pass any other order(s) as it may deem fit and proper.

(Vinod Kumar Sinha, J) spal/- U T