Patna High CourtCR. MISC./13013/2021bail granted

Binod Kumar v. The State Of Bihar

2021-12-24Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13013 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== BINOD KUMAR Son of Lalan Mahato Resident of Village- Chhota Telpa, P.S.- Town Police Station, District- Saran at Chapra ... Petitioner

Versus

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

For the Petitioner :

Mr. Tej Pratap Singh, Adv.

For the Opposite Party :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-12-2021 Heard Mr. Tej Pratap Singh, learned Advocate for the petitioner and Mr. Md. Aslam Ansari, learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Excise P.S. Case No. 140 of 2020 dated 01.09.2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 4.875 liters of liquor is said to have been recovered from the motorcycle which is alleged to have been abandoned by the petitioner.

Learned counsel for the petitioner has submitted that the motorcycle in question does not belong to him and the only accusation against him is that he was seen fleeing away at the time of raid leaving behind his motorcycle.

The petitioner does not have criminal antecedents.

Patna High Court CR. MISC. No.13013 of 2021(2) dt.24-12-2021 2/2 In view of the aforesaid two facts, it has been urged on behalf of the petitioner that the offence under the Excise Act can not be said to have been made out as against him. For the reasons aforestated, the petitioner is directed to be released on bail, in the event of his arrest or surrender before he Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bond in the sum of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, II, Saran at Chapra, in connection with Excise P.S. Case No. 140 of 2020 subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.

(Ashutosh Kumar, J) Shamshad/- U T