Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48373 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.
Chhotu Kumar S/O Late Kishori Sah R/O Village- Bihariganj, Chandika Ssthan, Ward No. 10, Ps. Singeshwar Dist. Madhepura 2.
Kanhaiya Kumar S/O Late Kishori Sah R/O Village- Bihariganj, Chandika Ssthan, Ward No. 10, Ps. Singeshwar Dist. Madhepura ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 6.720 liters of foreign liquor is said to have recovered from from the door of the house of the petitioner. He submits that allegation against the petitioners is that they along with other co-accused managed to ran away from the place of occurrence. He submits that there is no
Patna High Court CR. MISC. No.48373 of 2023(2) dt.24-08-2023 2/3 recovery made from the conscious possession of the petitioners. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
4. Petitioners are agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
5. Considering the facts and circumstance of the case, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihariganj P.S. Case No. 74 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioners will not indulge himself in any similar offence till conclusion of the trial.
Patna High Court CR. MISC. No.48373 of 2023(2) dt.24-08-2023 3/3
6. The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) ajay/- U T