Chhote Thakur @ Chhotu Thakur @ Rupesh Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76158 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- KAMTAUL District- Darbhanga ====================================================== Chhote Thakur @ Chhotu Thakur @ Rupesh Kumar Thakur S/o- Jagardhan Thakur, resident of Village- Kathpatti P.S. Kamtaul, District- Darbhanga, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishore Prasad For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner. No one appears for the State.

Petitioner is seeking anticipatory bail in connection with Kamtaul P.S. Case No. 40 of 2018 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that it is a case of false implication of the petitioner in a case under Excise Act, 2016. By wrongly stating that the land from which the illicit liquor was recovered belongs to this petitioner, police has brought the name of this petitioner in the present case. Annexure-2 to the present application has been shown to this Court to demonstrate that the land in question belongs to some

Patna High Court Cr.Misc. No.76158 of 2018(2) dt.21-12-2018 2/2 other person and this petitioner has no interest in the same. No one appears on behalf of the State to oppose this application.

In the given facts and circumstances, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned Additional Sessions Judge-IV-cum-Spl. Judge, Darbhanga in connection with Kamtaul P.S. Case No. 40 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of three weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of his bail bond. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T