Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42895 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Chhotu Kumar, S/o Late Bhagwan Sao, R/o Mohalla- Panjabi Mohalla Ward No.17, P.S. and District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shaukat Alam For the Opposite Party/s :
Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks Anticipatory bail in connection with Case No. 41C2 of 2018 registered under Sections 30(a), 32(i) and 38(i) of the Bihar Prohibition of Excise Act. Allegation against the petitioner and-co-accused is of recovery of 8 1⁄2 litres country made liquor from their possession.
It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that liquor was recovered from the possession of his brother. His name has been taken by his brother and due to this reason he has been implicated in this
Patna High Court Cr.Misc. No.42895 of 2018(4) dt.06-09-2018 2/2 case.
Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge cum Special Judge (Excise), Lakhisarai, in connection with Case No. 41C2 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) veena/- U T