Chhotu Kumar @ Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48986 of 2024 Arising Out of PS. Case No.-150 Year-2024 Thana- CHANDI District- Nalanda ====================================================== Chhotu Kumar @ Mohit Kumar Son of Sadhu Paswan R/O Vill.- Madhopurdih, P.S.- Chandi, Dist.- Nalanda, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-08-2024 Heard Mr. Shailendra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Yogendra Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Chandi P.S. Case No. 150 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation is of recovery of 8 litres and 280 ml from a pitthu bag thrown by a person.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to village politics. He has no concern either with the seized liquor or trade of liquor in any manner.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day

Patna High Court CR. MISC. No.48986 of 2024(2) dt.14-08-2024 2/2 after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V cum Special Judge (Excise), Bihar Sharif, Nalanda in connection with Chandi P.S. Case No. 150 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T