Chhotu Kumar @ Chhotu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32212 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== CHHOTU KUMAR @ CHHOTU RAM, S/o- LATE NARESH RAM, Village- Yarpur Domarbana Ps- Gardanibagh, Dist- Patna Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanju Singh, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Gardanibagh P.S. Case No. 105 of 2023 dated 07.02.2023 (Spl. Case No. 1365 of 2023) registered for the offences punishable u/ss 30(a) and 34 of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 150 litres of country made illicit liquor is said to have been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.32212 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioner and he has no concern with the alleged offence. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.03.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Gardanibagh P.S. Case No. 105 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T