Shivam Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9788 of 2021 Arising Out of PS. Case No.-411 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Shivam Kumar @ Chhotu Son Of Rupesh Thakur R/O Village- Patahi, P.S.- Sadar, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Stayendra Narain Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-11-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/392/353 of the Indian Penal Code and Sections 30(a)/41 of the Bihar Prohibition and Excise Act. From a four wheeler huge quantity of liquor was recovered and the person on the vehicle allegedly fled away. The petitioner has stated on oath that he has got no criminal antecedent.

Submission is that neither the vehicle is of the

Patna High Court CR. MISC. No.9788 of 2021(2) dt.17-11-2021 2/2 petitioner nor the petitioner has any concern with the said liquor. Considering the fact that there is no direct material on the petitioner's involvement in the act alleged, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Muzaffarpur Sadar P.S. Case No.411 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T