Chotu @ Adarsh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34427 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Chotu @ Adarsh Kumar,

2. Akshay Choudhary, Both sons of Late Mahesh Choudhary, Resident of Mohalla- Surkikal, P.S. Barari, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 18.03.2017 in connection with Kotwali (Barari) P.S. Case No. 137 of 2017 registered for the offence punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on a secret tip-off that petitioner no.1 and his family members are engaged in purchase and sale of liquor, their house was raided and from a room under the bed 7.650 litres of foreign liquor was recovered. Accordingly, a seizure list was

Patna High Court Cr.Misc. No.34427 of 2017 (2) dt.01-08-2017 2/2 prepared.

It is submitted by the learned counsel for the petitioners that they are innocent, have been falsely implicated in the aforesaid case and they bear no criminal history, except, petitioner no.1 who is accused in one different nature of case. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 137 of 2017 (Nilu Agrawal, J.) Arjun/- U T