Chhotu Kumar @ Rajnish Singh @ Rajnish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75323 of 2018 Arising Out of PS. Case No.-120 Year-2018 Thana- KUTUMBA District- Aurangabad ====================================================== Chhotu Kumar @ Rajnish Singh @ Rajnish Kumar Singh son of Sambhu Singh, Resident of Village- Arrna (Ararna Khurd), P.S. Hariharganj, DistrictPalamu (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s :

Mr. Sri Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest for the offences punishable under Sections 30 (a), 38 (ii) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by counsel for the petitioner that he has not been apprehended with the vehicle from which the alleged recovery of 80 liters of country made liquor is alleged to have been made. He is not the owner of the vehicle in question. Only on the basis of disclosure of his name by one Mantu Kumar Singh who is alleged to be the supplier, he has been implicated in this case. The petitioner has no criminal antecedent. In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.75323 of 2018(2) dt.19-12-2018 2/2 anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the facts and circumstances of the case, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII-cum-Special Judge (Excise), Aurangabad in Kutumba P.S. Case No. 120 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(i)That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. (Madhuresh Prasad, J) Prakash/- U