Patna High CourtCR. MISC./34773/2016bail granted

Chhotu Kumar v. The State Of Bihar

2016-09-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34773 of 2016 Arising Out of PS.Case No. -197 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Chhotu Kumar son of Jogi Mandal @ Yogendra Mahton, resident of village- Batohra, P.S.- Korama, District- Shaikhpura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2016 Heard both sides.

The petitioner apprehends his arrest in Lakhisarai (Kabaiya) P.S. Case No.197 of 2016 under Section 47(A), 52 and 53 of the Bihar Excise (Amendment) Act, 2016. The informant, Assistant Sub Inspector of Police of Kabaiya Police Station alleged that during night duty he made raid on secret information in the house of Ramesh Pandit from where 100 bottles of Indian Made Foreign Liquor were recovered. Ramesh Pandit disclosed that he let out the house to sunny Kumar, Bittu Kumar, Chotu Kumar.

It is submitted that the petitioner never remained as a tenant in the house of Ramesh Pandit. Similarly situated coaccused Sunny Kumar has already been granted anticipatory bail

Patna High Court Cr.Misc. No.34773 of 2016 (3) dt.23-09-2016 2/2 vide order passed in Cr. Misc. No.27704 of 2016. It appears that nothing was recovered from possession of the petitioner. Considering the facts and circumstances, the petitioner above named is directed to be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No.197 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) N.H./- U T