Bankatesh @ Vivek Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32374 of 2020 Arising Out of PS. Case No.-277 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== BANKATESH @ VIVEK KUMAR @ CHHOTU Son of Nivas Sharma Resident of Village- Nandanpura, P.S.- Makhdumpur (Tehta), DistrictJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shree Kant Pandey, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-02-2021 A supplementary affidavit has been filed during the course of argument.

Let it be kept on record.

The petitioner seeks bail in anticipation of his arrest in connection with Makhdumpur P.S. Case No. 277 of 2020 dated 15.07.2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

It appears that 449.125 litres of liquor has been recovered from an old house said to belong to the petitioner.

Learned counsel for the petitioner has submitted that he is a person of clean record and the house which is an ancestral property has fallen in the share of his brothers after partition. The petitioner has

Patna High Court CR. MISC. No.32374 of 2020(2) dt.09-02-2021 2/2 been prosecuting his studies from Patna and all this while he has been residing with his maternal uncle. The name of the petitioner has appeared in the confessional statement of co-accused Prabhat Kumar @ Pawan Kumar.

Considering the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II, Jehanabad in connection with Makhdumpur P.S. Case No. 277 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T