Chhotu Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13027 of 2018 Arising Out of PS.Case No. -235 Year- 2017 Thana -KHARIK District- BHAGALPUR ====================================================== Chhotu Kumar @ Deepak Kumar, Son of Bhawesh Kumar, resident of village - Telghee, Police Station - Kharik, District - Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. Murlidhar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kharik P.S. Case No. 235 of 2017 registered under Section 30(A) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

95.625 litres of foreign liquor is said to have been recovered from the house of the petitioner and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. The house from where the liquor is said to have been recovered is inhabited by several family members of the petitioner. The petitioner has no criminal antecedent and has been

Patna High Court Cr.Misc. No.13027 of 2018 (2) dt.07-03-2018 2/2 languishing in custody since 09.12.2017.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Special Judge, Excise, Bhagalpur in connection with Kharik P.S. Case No. 235 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T