Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 25721 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- Aurangabad Muffasil DistrictAurangabad ====================================================== Chhotu Kumar (male) aged about 37 years, son of Mahendra Yadav, resident of Village Ajarkabe Hasauli, P.S. Aurangabad Muffasil, Distt. Aurangabad (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s : Ms. Leelawati Kumari, Adv.

For the Opposite Party/s :

A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-09-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Aurangabad Mufassil P.S. Case No. 14 of 2020 registered for the offence under section 30 (a) of the Bihar Prohibition of Excise Act, 2016.

A number of defects have been pointed out by the stamp reporter. Let the counsel for the petitioner remove the same within four weeks of the normal functioning of the Court being restored.

As per allegation in the FIR, on secret information having been received a raid was conducted, Kalinder Kumar was arrested and 937 litres of illicit liquor was recovered. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.25721 of 2020(2) dt.29-09-2020 2/2 the name of the petitioner transpired in the confessional statement of co-accused Kalinder Kumar before the police. No incriminating material has been recovered from the person or possession of the petitioner. The petitioner is in custody since 27.6.2020 and has no criminal antecedent. It is submitted that the aforesaid co-accused Kalinder Kumar has been enlarged on bail vide order dated 28.2.2020 (Annexure-2) passed in Cr. Misc. No. 11505 of 2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the aforesaid facts, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Aurangabad Muffasil P.S. Case No. 14 of 2020 on furnishing bail bond of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VIIth-cum-Special Judge (Excise), Aurangabad.

(Partha Sarthy, J) Sushma/- U T