Chotan Singh @ Chhotan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.310 of 2019 Arising Out of PS. Case No.-137 Year-2017 Thana- KALYANPUR District- East Champaran ====================================================== Chotan Singh @ Chhotan Singh son of Rajendra Singh, resident of villageJasauli Patti, P.s. - Kotwa, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party/s :

Mr.Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kalyanpur P.S. Case No. 137 of 2017 dated 28.07.2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a)(b)(c)(d) of the Bihar Prohibition and Excise Act, 2016.

130.92 litres of liquor is said to have been recovered from a Swift Desire car. The arrested accused person is said to have confessed that the consignment of liquor belonged to the petitioner and another. Learned counsel for the petitioner has submitted that but for the confession of an arrested accused person, there is no other material to connect the

Patna High Court Cr.Misc. No.310 of 2019(2) dt.29-01-2019 2/2 petitioner with the offence. The vehicle from where recovery is said to have been made does not belong to the petitioner and the petitioner has clean antecedent. Considering the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 137 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. krishna/- (Ashutosh Kumar, J) U T