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Patna High CourtCR. MISC./55127/2019bail granted

Chhotu Sao @ Chhottu Kumar @ Manoj Kumar v. The State Of Bihar

2019-12-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55127 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== Chhotu Sao @ Chhottu Kumar @ Manoj Kumar, Son of Shiv Shankar Sao, Resident of Village Koiri Bigha, P.S. - Aurangabad Muffasil, District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62796 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== Rahul Mehta @ Rahul Kumar, Son of Sudarshan Mehta, Resident of VillageKoiri Bigha, P.S. - Aurangabad Muffasil, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 55127 of 2019) For the Petitioner/s :

Mr. Leelawati Kumari, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 62796 of 2019) For the Petitioner/s :

Mr. Leelawati Kumari, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Submission is that nothing was recovered from possession of the petitioners and their name surfaced on the

Patna High Court CR. MISC. No.55127 of 2019(4) dt.03-12-2019 2/2 disclosure statement of co-accused, namely, Deepak Kumar from whose possession liquor was recovered. Petitioners have got no criminal antecedent.

Considering the aforesaid facts, let the petitioners, above named, in the event of their 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 bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Aurangabad Muffasil Police Station Case No. 171 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T