Abnish Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33575 of 2020 Arising Out of PS. Case No.-883 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== ABNISH KUMAR @ CHHOTU KUMAR, S/o Arvind Chaudhary @ Chandrika Chaudhary R/o Village- Dhemhan, P.S.- Kanti, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-03-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Ms. Rita Verma, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kanti P. S. Case No. 883 of 2019 dated 06.12.2019, instituted for the offences under Sections 272, 273, 399 and 402 of the Indian Penal Code; Sections 25(1-b)a, 26, 27 and 35 of the Arms Act, 1959; and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

On secret information that liquor has been

Patna High Court CR. MISC. No.33575 of 2020(2) dt.12-03-2021 2/3 stored in the bamboo orchard of one Girja Chaudhary, a raid was conducted. Six motor-cycles and two cars were found parked outside that place. From the vehicles, one loaded country-made pistol, 10 and 20 litres of spirit respectively and 375 ml. of liquor is said to have been recovered. Some of the persons were arrested and they have disclosed the name of petitioner and others. The learned counsel for the petitioner has submitted that he has clean antecedents and the accusation against him is only on the basis of confession of arrested accused persons. Nothing has been recovered from the exclusive or conscious possession of the petitioner.

Considering the afore-stated facts, the petitioner, above-named, 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

Patna High Court CR. MISC. No.33575 of 2020(2) dt.12-03-2021 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Kanti P. S. Case No. 883 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T