Chottu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45610 of 2022 Arising Out of PS. Case No.-192 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== Chottu Kumar Son of Sonu Ram Resident of Village - Janakpur Pokhra, P.S.- Nabinagar, District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Nabinagar P.S. Case No. 192 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, recovery of total 21 litres of country made liquor was made from a plastic sack of the petitioner.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in this case as the recovery has been made from a pond and the petitioner has

Patna High Court CR. MISC. No.45610 of 2022(2) dt.30-09-2022 2/3 nothing to do with the said recovery. Nothing incriminating has been recovered from his conscious possession. The petitioner is in custody since 06.06.2022 and charge-sheet has been submitted.

Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the quantity of liquor recovered along with period of his custody and the submission of charge-sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Escise 1st, Aurangabad (Bihar) in connection with Nabinagar P.S. Case No. 192 of 2022, subject to the condition mentioned in Section 437(3) of the Cr.P.C. and other the following conditions:

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.45610 of 2022(2) dt.30-09-2022 3/3 (iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T