Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35369 of 2021 Arising Out of PS. Case No.-88 Year-2021 Thana- MANER District- Patna ====================================================== CHHOTU KUMAR Son of Sri Sahdeo Rai Resident of Village - Daudpur, P.S.- Shahpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Kumar, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 939 of 2021 arising out of Maner P.S. Case No. 88 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 653.250 litres of illicit liquor from a Tata 407 vehicle. The petitioner is stated to have been arrested from the spot while the other co-accused persons managed to escape.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 07.02.2021. The learned counsel for the

Patna High Court CR. MISC. No.35369 of 2021(2) dt.13-12-2021 2/2 petitioner has further submitted that the petitioner has nothing to do with the vehicle in question or the illicit liquor seized from the spot.

Per contra, the learned counsel 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 petitioner has got nothing to do either with the vehicle in question or the seized illicit liquor and moreover he is languishing in custody since 07.02.2021, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 939 of 2021 arising out of Maner P.S. Case No. 88 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T