Chintu Kumar @ Bocha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7240 of 2019 Arising Out of PS. Case No.-317 Year-2018 Thana- PUNPUN District- Patna ====================================================== Chintu Kumar @ Bocha Son of Subelal Yadav R/o village- Sukdiya, P.SMasaurhi, District- Patna. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Punpun P.S. Case No. 317 of 2018 (Special Case No. 11101 of 2018) registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 55 litres of country made liquor from the bag which was kept on motorcycle of the petitioner.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.7240 of 2019(4) dt.06-03-2019 2/3 nothing has been recovered from the possession of petitioner rather it was recovered from the roadside in the abandoned condition. Petitioner has no criminal antecedent and he is in custody since 22.11.2018.

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 Act, Patna, in connection with Punpun P.S. Case No. 317 of 2018 (Special Case No. 11101 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.

Patna High Court CR. MISC. No.7240 of 2019(4) dt.06-03-2019 3/3

(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