Chhotu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Chhotu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner Chhotu Kumar released on bail in connection with Pribahore P.S. Case No. 858 of 2023 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each; one of the bailors shall be his elder brother, Akhilesh Kumar.

Issue for consideration

Whether petitioner Chhotu Kumar, prosecuted for offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition Excise Act 2016, should be released on bail.

Court's answer

Considering that the petitioner is a person with clean antecedent and that the charge-sheet has been submitted in the case, the Court directed release of the petitioner on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending/successor court, in connection with Pribahore P.S. Case No. 858 of 2023.

Ratio / Principle

As a condition attaching to the grant of bail, one of the bailors of the petitioner shall be his elder brother, Akhilesh Kumar.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), oral order dated 12-07-2024 in Criminal Miscellaneous No. 25089 of 2024, arising out of P.S. Case No. 858 of 2023, P.S. Pirbahore, District Patna: Bail application of Chhotu Kumar ALLOWED. The case was registered for offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition Excise Act 2016 and the 2022 amendment act. Learned counsel submitted that the petitioner is a person with clean antecedents; the allegation is of recovery of 330 litres of liquor along with a country-made pistol and cartridges from him; he is in custody since 30-11-2023 and the charge-sheet has been submitted. The learned A.P.P. opposed the bail prayer. Considering the clean antecedents and submission of the charge-sheet, the Court directed release on bail upon furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court, with the further condition that one of the bailors shall be the petitioner's elder brother, Akhilesh Kumar. No precedent was cited or discussed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25089 of 2024

Arising Out of PS. Case No.-858 Year-2023 Thana- PIRBAHOR District- Patna

======================================================

Chhotu Kumar S/o Late Rajendra Mahto R/o Mohalla Pachiari Tola Sabalpur PS Sonpur Dist Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Munna Raj, Adv Mr. Manish Kumar, Adv Ms. Minakshi Kumari, Adv For the Opposite Party/s : Mr.Narsingh Tanti ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 12-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 30(a) of Bihar Prohibition Excise Act 2016 and amendment act 2022.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and an allegation is of recovery of 330 litres of liquor along with country-made pistol and cartridges from the petitioner.

4. It is next submitted that petitioner is in custody since 30-11-2023 and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.25089 of 2024(3) dt.12-07-2024 2/2

5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the fact that the petitioner is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named 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 court below where the case is pending/successor court in connection with Pribahore P.S. Case No. 858 of 2023.

7. One of the bailors of the petitioner shall be his elder brother, Akhilesh Kumar.

(Satyavrat Verma, J)

SUMIT/-