Prem Ranjan Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29541 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== PREM RANJAN KUMAR @ CHHOTU KUMAR Son of Chandrakant Prasad Singh @ Chandrakant Singh Resident of village - Agarwa, P.S.- Town, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Nautan P.S. Case No.64 of 2023 dated 19.02.2023 registered for the offence(s) punishable under Section(s) 414 of the Indian Penal Code and Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 18 litres of foreign liquor from a bag kept on a motorcycle and 52.2 litres of foreign liquor from a car but the petitioner is concerned only to the recovery made from the alleged motorcycle and as per the allegation the petitioner

Patna High Court CR. MISC. No.29541 of 2023(2) dt.18-05-2023 2/3 was found having his possession over the alleged motorcycle and alleged liquor, no doubt the petitioner is the registered owner of the said motorcycle but in actual on the alleged date of recovery he was crossing the road by his motorcycle and he became victim of the circumstances and he was caught merely on suspicion by the police and nothing as alleged was recovered from his possession and he has no concern with the seized car. Further submissions are that against the petitioner there is criminal antecedent of one case in which he is on bail and he has been languishing in jail since 20.02.2023 and against him the investigation has been completed.

4.

Per contra, learned APP appearing for the State has vehemently opposed the prayer for bail. 5.

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 and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6.

Accordingly, let the petitioner named-above be enlarged on bail in connection with Nautan P.S. Case No.64 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand)

Patna High Court CR. MISC. No.29541 of 2023(2) dt.18-05-2023 3/3 with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T