Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2862 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- HASANPUR District- Samastipur ====================================================== GOVIND KUMAR SON OF RAM BHAJAN MAHTO R/O VILLAGEGOHA, P.S.- HASANPUR, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aprajita, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard Ms. Aprajita, learned counsel for the petitioner and Ms. Asha Kumari, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Hasanpur PS Case No. 215/2021 registered for the offence punishable under Section 30 (a) of Bihar Prohibition & Excise Act.

10 Litres of illicit liquor has been recovered from heap of husk kept in a sack adjacent to the house 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 due to oblique motive. He further submits that no illicit liquor has been

Patna High Court CR. MISC. No.2862 of 2022(2) dt.24-05-2022 2/2 recovered from the conscious possession of the petitioner rather it has been recovered from an open space situated adjacent to the house of petitioner which is accessible to all and sundry. It is next submitted that petitioner having no criminal antecedent is in custody since 08.10.2021.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner rather it has been recovered from an open space situated adjacent to the house of petitioner which is accessible to all and sundry and petitioner having no criminal antecedent is in custody since 08.10.2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, GOVIND KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Samastipur in connection with Hasanpur PS Case No. 215/2021.

(Anil Kumar Sinha, J) perwez U T