Chunnu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79413 of 2018 Arising Out of PS. Case No.-576 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ======================================================

1. Chunnu Kumar Son of Jay Binod Singh

2. Chhotan Kumar alias Om Prakash Son of Shiv Kumar Singh. Both are residents of village- Chaksakra (Baksakra), P.S.- Hajipur Sadar, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Hajipur Sadar Police Station Case No.576 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. From the poultry of petitioner Chhotan Kumar @ Om Prakash, 77 litres of foreign liquor was allegedly recovered by the Police.

The explanation of petitioner Chhotan Kumar @ Om Prakash is that the poultry farm is away from the house of the petitioner and other employees are looking after the management of poultry is not acceptable, as no one was

Patna High Court Cr.Misc. No.79413 of 2018(2) dt.23-01-2019 2/2 apprehended on the spot at the time of recovery. Hence, I am not inclined to enlarge petitioner No.2, Chhotan Kumar @ Om Prakash on anticipatory bail. Accordingly, prayer is refused. Let petitioner No.1, Chunnu Kumar, who has got no criminal antecedent, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released 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 below where the case is pending, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Accordingly, this application stands disposed of. (Birendra Kumar, J) abhishek/- U T