Chhotu Bin @ Chhotelal Prasad And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.35271 of 2018 (2) dt.20-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35271 of 2018 ======================================================

1. Chhotu Bin @ Chhotelal Prasad, son of Rajendra Bin.

2. Rajendra Bin son of Late Butilal Bin, Both resident of Village- Admapur, Police Station- Raghunathpur, District Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Raghunathpur Police Station Case No. 60 of 2018, disclosing offences under Sections 272, 273/34 of the Indian Penal Code and 30(A)/38(A)/41(1) of the Bihar Prohibition Excise Act.

Learned counsel for the petitioner has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the alleged recovery of foreign liquor was made from the open land, which is evident from seizure list and the petitioners have no concern with the alleged recovery. Nothing has been recovered from the

Patna High Court Cr.Misc. No.35271 of 2018 (2) dt.20-06-2018 conscious possession of the petitioners. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-II, Siwan, in connection with Raghunathpur Police Station Case No. 60 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T