Patna High CourtCR. MISC./55061/2023bail granted

Chhotu Singh @ Chandan Kumar v. The State Of Bihar

2023-08-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55061 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== CHHOTU SINGH @ CHANDAN KUMAR SON OF SAHDEV SINGH @ SATYADEV MAHTO RESIDENT OF VILLAGE-BEHTA, PS- KHAJAULI, DISTT- 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, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act and Sections 272 and 273 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 9 liters of liquor from the bush.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of the officials of the Department of

Patna High Court CR. MISC. No.55061 of 2023(2) dt.24-08-2023 2/2 Excise, it is next submitted that even the alleged recovery is from a place which is accessible to public at large.

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

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khajauli P.S. Case No. 89 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T