Aanand Kumar @ Chhotu Paswan @ Chhotu @ Sharmaji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25304 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== AANAND KUMAR @ CHHOTU PASWAN @ CHHOTU @ SHARMAJI, aged about 25 years, Male, Son of Rajendra Paswan Resident of village - Bairiya Jhitkahia, P.S.- Brahmpura, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Warishnagar P.S. Case No. 39 of 2023 dated 03.02.2023 registered for the offence(s) punishable under Section(s) 419, 420, 467, 468/34 of the Indian Penal Code and Sections 30(a),30(c) and 30(d) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 1811 empty bottles of liquor and the same were recovered from an Omni car which was in the possession of coaccused Nitish Kumar and no liquor was seized from the said car and during investigation, the said co-accused revealed that earlier he used to purchase such types of empty bottles, rapers, spirit etc. from this petitioner but except this there is no any allegation against this petitioner and moreover the said

Patna High Court CR. MISC. No.25304 of 2023(2) dt.15-05-2023 2/2 allegation was disclosed by the apprehended co-accused which has no evidentiary value. Further submissions are that though against the petitioner, there are criminal antecedents of four cases, out of which, he got bail in two cases and in the present matter, he was not arrested at the spot and against him, the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the facts that the instant matter relates to the recovery of empty bottles and the same were recovered from the possession of coaccused who disclosed the name of this petitioner being involved in supplying of the said bottles and against the petitioner, the investigation has been completed, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Warishnagar P.S. Case No. 39 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T