Chunnu Kumar @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56026 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Chunnu Kumar @ Baba, Son Of Bachha Rai Singh @ Ram Pravesh Singh Resident Of Village - Nawada Kala, P.S.- Ganga Bridge, District - Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shashi Ranjan Mr.Rahul Kumar Dubey Mr. Kumar Prateek For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and the allegation is of recovery of 327.750 litres of liquor kept in a carton found in front of the house of Rajesh Kumar.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on secret information. It is next submitted that

Patna High Court CR. MISC. No.56026 of 2023(2) dt.25-08-2023 2/2 it appears that police in order to save the real culprit falsely implicated the petitioner because of his antecedent, when alleged recovery is from a place, which does not belong to the petitioner and is accessible to public at large.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P. S. Case No.147 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T