Patna High CourtCR. MISC./26299/2022bail granted

Chotu Kumar @ Aditya Raj v. The State Of Bihar

2022-08-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26299 of 2022 Arising Out of PS. Case No.-604 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== CHOTU KUMAR @ ADITYA RAJ S/O SANTOSH SAHNI @ SANTOSH KUMAR SAHANI @ SANTOSH KUMAR SAHNI R/o Village- Sarsai, P.S.- Sarai, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 85.8 liters of foreign liquor has been recovered from a car. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is neither driver

Patna High Court CR. MISC. No.26299 of 2022(2) dt.05-08-2022 2/2 nor owner of the vehicle in question. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act-1, Vaishali at Hajipur in connection with Hajipur Sadar PS case No. 604/ 2018, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T