Chhotu Kumar @ Abhijit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77909 of 2018 Arising Out of PS. Case No.-227 Year-2018 Thana- GOPALPUR District- Patna ====================================================== Chhotu Kumar @ Abhijit Kumar Son of Indrajeet Kumar, Resident of Village - Mitanchak, P.S.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 8476 of 2018 arising out of Gopalpur P.S. Case No. 227 of 2018 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

On information received by informant police Officer, he raided the place of occurrence from where 881 litres of foreign liquor was seized by the police kept on truck, tempo and motorcycle and on seeing police, all the accused present there fled away, however, petitioner was apprehended from the spot who disclosed the name of other accused present there. Allegation against petitioner is that he was counting total cartoons kept in truck.

Patna High Court Cr.Misc. No.77909 of 2018(2) dt.04-01-2019 2/2 It has been submitted on behalf of the petitioner that he has been arrested on suspicion only and the main accused fled away from the place of occurrence. Petitioner has no criminal antecedent and he is in custody since 14.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 8476 of 2018 arising out of Gopalpur P.S. Case No. 227 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T