Chhote Lal Kumar @ Chhote Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31350 of 2018 Arising Out of PS.Case No. -51 Year- 2018 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chhote Lal Kumar @ Chhote Lal Yadav S/o Surendra Yadav, R/o Vill.- Panapur Malahi Tola, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Harshidhi P.S. Case No. 51 of 2018, registered for offences punishable under Section 30 (A) of the Bihar Prohibition and Excise Act, 2016.

Informant is the Assistant Sub Inspector of police, who in his written complaint, has stated that on 26.02.2018 at about 9:45 P.M. he received information that some unknown miscreants near the house of one Dasai Shah has concealed liquor and on receiving such information, he went to the place and found five cartoons of Royal Stag wine amounting to 43.920 liters of

Patna High Court Cr.Misc. No.31350 of 2018 (2) dt.24-05-2018 2/2 foreign liquor was recovered from the orchard near the house of Dasai Shah.

Learned counsel for the petitioner has submitted that the name of the petitioner surfaced in this case on the basis of the statement made by the Chowkidar and nothing has been recovered from the possession of the petitioner. It has further been stated that the petitioner has been falsely implicated in this case and he has no criminal antecedent.

Considering the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount in connection with Harshidhi P.S. Case No. 51 of 2018 to the satisfaction of learned 4th Additional Sessions Judge-Cum-Special Judge, Excise, East Champaran at Motihari, subject to the condition laid down under Section 438 (2) of the Criminal Procedure Code. (S. Kumar, J) Sudha/- U T