Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33255 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== CHHOTU KUMAR Son of Badri Singh Resident of Village - Pali Dih, Ward no.- 9, Khanjahanpurpali, P.S.- Bhagwanpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Teghra P.S. Case No. 235/2020, registered for the offence punishable under Sections 414/120B of the Indian Penal Code and Sections 30(a), 40(1), (2) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of illicit liquor from a Bolero vehicle and after co-accused persons were arrested, they had also named the petitioner to be one of their accomplice.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.33255 of 2021(2) dt.13-12-2021 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 10.2.2021. It is further submitted that the vehicle in question from which illicit liquor has been recovered does not belong to the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the vehicle in question from where the illicit liquor has been recovered does not belong to the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.33255 of 2021(2) dt.13-12-2021 3/3 satisfaction of learned Additional Sessions Judge 2nd cum Special Judge-Excise Act, Begusarai in connection with Teghra P.S.Case No. 235 of 2020. (Mohit Kumar Shah, J) Ajay/- U T