Chhotelal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54241 of 2022 Arising Out of PS. Case No.-510 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Chhotelal Kumar Son of Late Lagan Ray, R/V- Mirampur, P.S- Raghopur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Special Case No. 3831 of 2022 (arising out of Excise Patna P.S. Case No. 510 of 2022), lodged under Sections 30(a) and 56(b) of Bihar Prohibition and Excise (Amendment) Act, 2022. As per prosecution case, total recovery of 200 liter country made liquor has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is a tempo driver and unaware that under what circumstances this 200 liter country-made liquor has come

Patna High Court CR. MISC. No.54241 of 2022(2) dt.25-11-2022 2/2 on his vehicle. It may happen that some passenger has kept this excise goods on his vehicle without his knowledge. Learned counsel further submits that antecedent of the petitioner is clean and he is in custody since 07.07.2022. He further submits that Charge-sheet has already been filed in this case. There is violation of Section 100 of Cr.P.C. in preparation of seizure list. Learned A.P.P. for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Special Case No. 3831 of 2022 (arising out of Excise Patna P.S. Case No. 510 of 2022), subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T