Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50161 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -JAMHORA District- AURANGABAD ====================================================== Chhotu Kumar S/o Nagina Prasad Singh R/o Vill- Rajpur, P.S. mali Distt Aurangabad, Bihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjit Kumar, Advocate For the Opposite Party : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-11-2016 Heard the learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 22.09.2016 in connection with Jamhore P.S.Case No.40 of 2016 for offences alleged under Sections 47(a) and 54 of the Bihar Excise Amendment Act.

The prosecution case is that the informant received an information that wine is being carried from Anugrah Narayan Road to Aurangabad on tempo No.BR 26H-3520. The informant intercepted and caught the said tempo. Three persons began to flee but one of them was apprehended who disclosed his name as Kamlesh Kumar and his associate as Chhotu Kumar. From the temp, country made wine in 12 bags, total 2400 pieces each

Patna High Court Cr.Misc. No.50161 of 2016 (2) dt.23-11-2016 2/3 containing 200 ml., imperial blue whisky 20 pieces containing 375 ml. and 31 pieces containing 750 ml. each and 40 pcs. Mc. Dowels were recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent and there is no criminal history and his name surfaced on the confessional statement of the apprehended accused Kamlesh Kumar. He further submits that he has no relation with Kamlesh Kumar or tempo driver as he had taken the tempo on hire along with co-passengers. However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. Be that as it may, since nothing incriminating article has been found from the possession of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Jamhore P.S.Case No.40 of 2016.

Patna High Court Cr.Misc. No.50161 of 2016 (2) dt.23-11-2016 3/3 tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application stands allowed.

(Nilu Agrawal, J) B.Kr./- U T