Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12436 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== SUNIL KUMAR Son of Bali Saw Resident of Mehta Petrol Pump, Abgila, P.S.- Mufassil, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, 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 Fatehpur P.S. Case No. 230 of 2020 registered under sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on search, it is stated that 90 liters of country liquor was recovered from the vehicle being driven by this petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or from his vehicle. He has been falsely implicated in the case. He has no criminal antecedent and is in custody since 6.10.2020.

Patna High Court CR. MISC. No.12436 of 2021(2) dt.24-06-2021 2/2 The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained 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 Fatehpur P.S. Case No. 230 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 Court, Gaya.

(Partha Sarthy, J) Prakash/- U T