Chhotu Sharma @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26870 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MANSURCHAK District- Begusarai ====================================================== Chhotu Sharma @ Shivam Kumar, aged about 21 years, Male, Son of Sudheer Sharma, Resident of Village Temuhan, P.S. Mansoorchak, District Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2019 Heard both sides.

Petitioner apprehends his arrest in Mansoorchak P.S. Case No.23 of 2019, registered under Sections 272 and 273 of the Indian Penal Code as well as under Sections 30, 36, 38, 40 and 47 of the Bihar Excise Act.

The informant got information that somebody has kept huge quantity of liquor inside the government state tube well. When the informant went to verify the information, some persons started fleeing away. One person, who was fleeing away on a motorcycle, was apprehended. The apprehended person disclosed his name as Saurabh Kumar. Huge quantity of Indian made foreign luqior was recovered from the state tube well house. Saurabh Kumar disclosed that the motorcycle and liquor belong to Birla @ Sonu of village Fateha, P.S. Bachhbara, District Begusarai. Saurabh Kumar further said to have disclosed that Chhotu Sharma,

Patna High Court CR. MISC. No.26870 of 2019(2) dt.24-04-2019 2/2 the petitioner, Murari, Ankit and others unknown are also involved in trade of illicit liquor.

Learned counsel for the petitioner submits that save and except the disclosure made by Saurabh Kumar, there is no tangible material to show the involvement of the petitioner. Nobody has seen the petitioner keeping liquor in the state tube well house. Petitioner has got no criminal antecedent.

Considering the facts aforesaid that save and except the disclosure made by Saurabh Kumar, there is no material to show the involvement of the petitioner and nothing has been recovered from possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 the learned Additional Sessions Judge-II-cumSpecial Judge (Excise), Begusarai in connection with Mansoorchak P.S. Case No.23 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T