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Patna High CourtCR. MISC./33029/2018allowed

Chhotu Kumar v. The State Of Bihar

2018-06-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33029 of 2018 Arising Out of PS.Case No. -43 Year- 2018 Thana -PASRAHA District- KHAGARIA ====================================================== Chhotu Kumar, S/o Ram Chandra Yadav, R/0 Village-Koila, P.S-Pasraha, District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Pasraha P.S. Case No. 43/2018, registered for offences punishable under Sections 30 (a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 280 sealed bottle liquor each containing 375 ml in 9 cartoon for sale of Haryana only kept in a bag.

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and he has been made accused only on the basis of confession of co-accused and except that there is nothing against the petitioner and has falsely been made accused in this case.

Patna High Court Cr.Misc. No.33029 of 2018 (2) dt.06-06-2018 2/2 Further he has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge III-cum-Special Judge, Excise, Khagaria, in connection with Pasraha P.S. Case No. 43/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) sunil/- U T