Patna High CourtCR. MISC./15274/2021bail granted

Chhotu Kumar @ Chhotu Yadav v. The State Of Bihar

2022-01-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15274 of 2021 Arising Out of PS. Case No.-36 Year-2020 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== CHHOTU KUMAR @ CHHOTU YADAV Son of Balkeshwar Yadav Resident of Village - Belahi, P.S.- Magadh Medical, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Magadh Medical P.S. Case No. 36/2020 instituted for the offences under Section 30(a)(d) of the Bihar Prohibition and Excise Act.

It appears from the prosecution report that 720 litres of spirit and 744 litres of liquor was recovered from an open space located about 75 yards away from the boundary wall of the house of the petitioner. This is the reason for prosecuting the petitioner in the instant case. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.15274 of 2021(2) dt.04-01-2022 2/2 submitted that such recovery cannot be saddled on him as the place of recovery is an open space.

The petitioner does not have criminal antecedents. On these grounds, it has been urged that the offence under the Excise Act cannot at all be said to have been made out against the petitioner.

For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya, in connection with Magadh Medical P.S. Case No. 36/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T