Patna High CourtCR. MISC./34799/2019bail granted

Chunnu v. The State Of Bihar

2019-05-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34799 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- KOTWALI District- Munger ====================================================== CHUNNU Son of Mohammad Badrul Hasan Resident of Village - Basanti Talab Musahari, P.S.- Kotwali, (Purabsarai O.P.), District - Munger. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjeev Ranjan, Advocate For the Opposite Party :

Mr.Arun Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a)(b) of the Bihar Prohibition and Excise Amendment Act, 2018.

Prosecution case in short is that 86.010 liters of foreign liquor has been recovered from the side of a railway track.

Contention of the petitioner is that his name was taken in the confessional statement of co-accused Chotu Malik and, Munna. who were arrested on the spot. It is further contended that that the petitioner has no criminal antecedent and he is no way concerned with the seized liquor. Provision of section 100 of the Cr.P.C. has not been followed in course of search and seizure in question.

Patna High Court CR. MISC. No.34799 of 2019(2) dt.30-05-2019 2/2 Considering the facts of the case, let the petitioner, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge V, cum Special Judge, Excise, Munger in Kotwali Police Station Case No. 151 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) shashi U T