Patna High CourtCR. MISC./9403/2021bail granted

Chhotu Kumar @ Sudesh Kumar v. The State Of Bihar

2021-12-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9403 of 2021 In CRIMINAL MISCELLANEOUS No.901 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- DEO District- Aurangabad ====================================================== CHHOTU KUMAR @ SUDESH KUMAR, S/O KASHI YADAV, R/O VILLAGE-BALA POKHAR, P.S. DEO, DISTRICT-AURANGABAD ... Petitioner

Versus

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

For the Petitioner :

Mr. Ranjit Kumar, Adv.

For the Opposite Party :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2021 Heard Mr. Ranjit Kumar, learned Advocate for the petitioner and Mr. Md. Aslam Ansari, learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Deo P.S. Case No. 21 of 2020 dated 05.03.2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. From the prosecution report, it appears that 40 liters of liquor was recovered from a stack of hay from near the house of the petitioner.

Learned counsel for the petitioner has submitted that he has no concern with the place from where the recovery has been made nor is he in any way concerned with the liquor which has been seized. The petitioner does not have criminal

Patna High Court CR. MISC. No.9403 of 2021(2) dt.20-12-2021 2/2 antecedents.

On these grounds, it has been urged that no offence under the Excise Act can at all be said to have been done. For the reasons noted above the petitioner is directed to be released on bail, in the event of his arrest or surrender before he Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bond in the sum of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge, Excise Act, Aurangabad, in connection with Deo P.S. Case No. 21 of 2020, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.

(Ashutosh Kumar, J) Shamshad/- U T