Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2106 of 2022 Arising Out of PS. Case No.-82 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== SACHIN KUMAR S/o Maheshwar Singh R/o village- Dina Chakla, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Pasraha P.S. Case No. 82 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the Police after getting secret information that petitioner has kept a huge quantity of illicit liquor in his hutment (Basa), proceeded towards the place of occurrence and upon seeing the Police party, one person fled away. However, on search, the Police recovered a total quantity of

Patna High Court CR. MISC. No.2106 of 2022(2) dt.26-05-2022 2/3 189 litres of illicit foreign liquor from the Basa of the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that the hutment (Basa) from where the illicit liquor has been recovered does not belong to the petitioner rather the same belongs to one Naresh Singh. The petitioner is in custody since 11.11.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 11.11.2021, the hutment (Basa) from where the illicit liquor has been recovered does not belong to the petitioner and the charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.2106 of 2022(2) dt.26-05-2022 3/3 Sessions Judge 2nd cum Special Judge, Excise, Khagaria, in connection with Pasraha P.S. Case No. 82 of 2021. (Anil Kumar Sinha, J) S.Ali/- U T