Chotak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44994 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- AGIAON District- Bhojpur ====================================================== 1.

CHOTAK SINGH S/o- Late Upendra Singh @ Ajay Kumar Singh 2.

Dhram Deo Singh @ Gajrai S/o- Late Upendra Singh @ Ajay Kumar Singh 3.

Satyendra Singh S/O Late Upendra Singh @ Ajay Kumar Singh 4.

Chutru Singh @ Anil Kumar S/o- Late Mukhiya Singh All are Resident of Village - Azamnagar, P.S. - Agiaon (Garhani), District - Bhojpur.. .. ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ataul Haque,Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within two weeks after complete start of the physical Court.

Prayer for anticipatory bail of petitioner Nos. 2 to 4, above named, is infructuous now as they have already been arrested in this case.

Petitioner No.1 is apprehending his arrest in a case registered for the offences punishable under Sections 272,273 of IPC and 30(a) of Bihar Prohibition and Excise Act, 2018. Submission is that recovery of material to prepare country made liquor is alleged from the river side. Petitioner No.1-Chotak Singh was not there nor he has got any criminal antecedent under Bihar Prohibition and Excise Act. Considering lack of sufficient material against

Patna High Court CR. MISC. No.44994 of 2021(2) dt.20-12-2021 2/2 petitioner No.1-Chotak Singh to compel him to go to jail, let petitioner No.1, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Agiaon(Garhani) Police Station Case No. 49 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) Petitioner No.1 shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of petitioner No.1.

(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) Petitioner No.1 shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Nitesh/- U T