Chhotu Kumar @ Chhotu @ Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61321 of 2021 Arising Out of PS. Case No.-305 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== CHHOTU KUMAR @ CHHOTU @ MALI Son of Badri Singh Resident of Village - Pali Dih, Ward No.09, P.S.- Bhagwanpur (Tiyay O.P.), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barauni PS case no. 305 of 2020 instituted for the offences punishable under Sections 30(a), 41(1)(2) of Bihar Prohibition and Excise Act (Amendment), 2018.

The allegation is regarding recovery of 92.880 liters of illicit foreign liquor from the house of the co-accused person namely Viresh Kumar and upon interrogation, the said coaccused person is stated to have disclosed about the complicity of the petitioner in the illicit trade of liquor. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is

Patna High Court CR. MISC. No.61321 of 2021(2) dt.09-06-2022 2/2 languishing in custody since 03.08.2021. The learned counsel for the petitioner has further submitted that neither the petitioner has been arrested from the house in question nor any illicit liquor has been recovered from the conscious possession of the petitioner. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor from his house, apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.D.J. II-cum-Special Judge, Excise Act, Begusarai in connection with Barauni PS case no. 305 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T