Chhotu Kumar @ Randhir Kumar @ Chhotu @ Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41066 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Chhotu Kumar @ Randhir Kumar @ Chhotu @ Randhir Kumar, Son Of Shyamdev Ray Resident Of Village - Naya Tola, Simari, P.S. - Bakhtiyarpur, Distt. - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Ms.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 11 litres of liquor found near a brick-kiln of Pramod Singh.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner came to be implicated at the instance of

Patna High Court CR. MISC. No.41066 of 2023(2) dt.04-07-2023 2/2 Chaukidar with whom, he is on an inimical term. It is next submitted that even the alleged recovery is from a place which does not belong to the petitioner.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Barh, Patna in connection with Bakhtiyarpur P. S. Case No.155 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T