Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25455 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Chhotu Kumar, Son of Anil Yadav, Resident of Village - Aalapur, P.S. - Teghra, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate.

For the Opposite Party/s :

Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-10-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application through Video Conferencing, that he would remove the defect(s), as pointed out by the stamp reporter, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Teghra P.S. Case No. 65 of 2020, registered under Section 30(a) of the Bihar Excise Act.

The accusation is that on receiving secret information about carrying the illicit liquor by Amit Kumar and

Patna High Court CR. MISC. No.25455 of 2020(2) dt.20-10-2020 2/3 Chout Kumar (petitioner) in village Aalapur loading on motorcycle bearing registration no. BR-09Z-4271, the informant along with other police personnel reached in the lane. On seeing the police vehicle, two persons succeeded to flee away leaving the motorcycle and sack at the door. On search, 20 bottles each containing 375 ml and 16 bottles each containing 180 ml Indian made foreign liquor, kept in a sack, recovered near the motorcycle bearing registration no. BR-09Z-4271. Learned counsel for the petitioner submits that it would appear from the FIR that petitioner was not apprehended at the spot and the alleged bottles of Indian made foreign liquor were not recovered from the house of the petitioner rather the same was said to be recovered from the adjacent of the door of the petitioner. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Excise Act, Begusarai, in connection with

Patna High Court CR. MISC. No.25455 of 2020(2) dt.20-10-2020 3/3 Teghra P.S. Case No. 65 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T