Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12422 of 2021 Arising Out of PS. Case No.-782 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== ANUJ KUMAR Son of Late Ravindra Prasad Resident of Village - Gulab nagar, Ward No.2, P.s.- Chitragupta Nagar, Dist.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 782 of 2020 registered under section 30 (a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R, it is stated that the petitioner was arrested and on search a total of 38.4 liters of country liquor was recovered buried inside the ground next to a hut like house.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person or possession. He has no concern either with the seized liquor nor with the hut like house mentioned in the seizure list. He has

Patna High Court CR. MISC. No.12422 of 2021(2) dt.24-06-2021 2/2 been falsely implicated in the case because of his antecedent. He is in custody since 15.10.2020.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has an antecedent under the Bihar Prohibition and Excise Act.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case and the petitioner being in custody for over 8 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 782 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 and Sessions Judge-II-cum-Special Judge, Excise, Khagaria.

(Partha Sarthy, J) Prakash/- U T