Bikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12446 of 2021 Arising Out of PS. Case No.-430 Year-2020 Thana- KISHANGANJ District- Kishanganj ====================================================== Bikash Kumar Son of Lal Babu Rai @ Lal Babu Ray @ Lala Babu Ray R/O Village- Chakoli, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273, 420 and 120B of the Indian Penal Code and sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, total of 4654 litres of liquor was recovered from two trucks, one of them being driven by this petitioner.

It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case. No incriminating article has been recovered from his possession or vehicle. He is

Patna High Court CR. MISC. No.12446 of 2021(3) dt.04-08-2021 2/2 not the owner of the truck and did not know about the contents of the goods packed. As per the FIR 2125 litres of liquor is stated to have been recovered from his truck. He is in custody since 17.11.2020 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Kishanganj P.S. Case no. 430 of 2020 (Special Case no. 335 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 Additional District & Sessions Judge II, Kishanganj.

Spd/- (Partha Sarthy, J) U T