Patna High CourtCR. MISC./50283/2023bail granted

Chhotu Kumar @ Chhote Kumar v. The State Of Bihar

2023-08-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50283 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- MALSALAMI District- Patna ====================================================== CHHOTU KUMAR @ CHHOTE KUMAR S/O SONAFI RAI R/O Sidhi Ghat, P.S- Malsalami, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a)/36 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 125 litres country made liquor has been recovered from tempo. Local people disclosed the name of the petitioner who is alleged to have fled away after seeing the police party.

4. Learned counsel for the petitioner submits that petitioner is neither driver nor owner of the vehicle in question. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent.

5. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.50283 of 2023(2) dt.11-08-2023 2/2 of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Court of Excise, Patna City in connection with Malsalami P. S. Case No. 94 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T