Chhotu Kumar Sah @ Chhote Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62923 of 2022 Arising Out of PS. Case No.-384 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Chhotu Kumar Sah @ Chhote Kumar Son of Late Vishwanath Sah Resident of Mohalla- Azamnagar, Ward No. 5, P.S- lalit narayan mithila University Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

The petitioner seeks bail in connection with Narpatganj P.S. Case No.384 of 2022 registered for the offence under Sections 272, 273 and 420 of the Indian Penal Code and Section 30(a), 32(ii)(iii), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The accused/petitioner is named in the F.I.R. and is in custody since 26.08.2022.

Patna High Court CR. MISC. No.62923 of 2022(2) dt.02-12-2022 2/3 The allegation against the petitioner is to in possession of illicit liquor, where, there was recovery of 112.50 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is neither owner, nor driver of the alleged vehicle and not connected in any manner, as he took lift for local destination, he was implicated in the present case. It is further submitted that nothing surfaced during the course of investigation, which may suggest that petitioner was under knowledge to have in possession of illicit liquor. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as petitioner is in custody since 26.08.2022 having clean antecedent coupled with the fact that chargesheet has been submitted, let above named petitioner directed to be released on bail in connection with Narpatganj P.S. Case No.384 of 2022 on

Patna High Court CR. MISC. No.62923 of 2022(2) dt.02-12-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge(Excise Act), Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T