Chhotu Kumar @ Chhotu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71378 of 2022 Arising Out of PS. Case No.-466 Year-2021 Thana- BARH District- Patna ====================================================== CHHOTU KUMAR @ CHHOTU PASWAN Son of Ram Balak Prasad@Ram Balak Paswan Resident of Village- Vikash Nagar, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barh PS case no. 466 of 2021 instituted for the offences punishable under Section 30(A) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 51 liters of illicit liquor from the house of the petitioner. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 07.09.2022. The learned counsel for the petitioner has further submitted that only because the petitioner is accused in three other similar types of cases, he has been made accused in the present case,

Patna High Court CR. MISC. No.71378 of 2022(2) dt.09-02-2023 2/2 however, there is no compliance of Section 100 Cr.P.C. while preparing the seizure list, thus the entire case of the prosecution is doubtful.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor he has been arrested from the spot, I deem it fit and appropriate to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise, Barh, Patna in connection with Barh PS case no. 466 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T