Patna High CourtCR. MISC./58360/2023allowed

Chhotu Singh @ Chandan Kumar v. The State Of Bihar

2023-09-05Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58360 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== CHHOTU SINGH @ CHANDAN KUMAR MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Khajauli P.S. Case No. 85 of 2023 instituted under Sections 272, 273 of the Indian Penal Code and 30 (a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 36 litres of illicit liquor was recovered in the bush at village Maniarwa.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no recovery from the conscious possession of the petitioner. Petitioner has made accused in this case by the villagers due to village politics. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.58360 of 2023(2) dt.05-09-2023 2/2

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Madhubani in connection with Khajauli P.S. Case No. 85 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashutosh/- U T