Chunnu Kumar @ Chunna Kumar @ Chunna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28987 of 2018 Arising Out of PS. Case No.-581 Year-2017 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chunnu Kumar @ Chunna Kumar @ Chunna S/o Late Jay Binod Singh, R/o Vill.- Chaksakra, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar For the Opposite Party/s :
Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 581 of 2017 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016. 2669.04 lts. of foreign liquor is said to have been recovered from Barandah located in the banana orchard of Munna Kumar Singh and Chunna Kumar. Said accused persons managed to escape taking benefit of murk.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. The aforesaid Barandah and
Patna High Court Cr.Misc. No.28987 of 2018(3) dt.21-06-2018 2/2 orchard of banana is open place and accessible to anyone and the petitioner had no knowledge of keeping of the liquor at the aforesaid place. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 14.03.2018. Similarly situated co-accused, namely, Munna Kumar Singh has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 06.04.2018 passed in Cr. Misc. no. 20350 of 2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge (Excise Act), Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 581 of 2017.
(Prakash Chandra Jaiswal, J) rohit/- U T