Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12559 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- VISHNUPAD District- Gaya ====================================================== SHUBHAM KUMAR S/O BIRENDRA SINGH R/O MOHALLAGODABARI, MEHANDI BAG, P.S-RAMPUR, DISTRICT-GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Vishnupad P.S. Case no. 7 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a checking being conducted 153 litres of country liquor was recovered from a tempo being driven by one Md. Faizal Alam. It is stated that on further inquiry he disclosed that the said liquor has to be delivered to the petitioner.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.12559 of 2021(2) dt.25-06-2021 2/3 that no incriminating article has been recovered from the person or possession of the petitioner. He has no concern with the coaccused, the seized liquor nor with the vehicle in question. There is no material against him except the confessional statement of coaccused made before the police. He has been falsely implicated in the case because of his antecedent. He is in custody since 20.10.2020 and chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the allegations in the FIR and the petitioner having remained in custody for 8 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Vishnupad P.S. Case no. 7 of 2020 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 Special Excise Judge, Gaya. Spd/- (Partha Sarthy, J) U T

Patna High Court CR. MISC. No.12559 of 2021(2) dt.25-06-2021 3/3