Madho Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1751 of 2020 Arising Out of PS. Case No.-273 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== Madho Kumar, Son of Kalidas Chaudhary, Resident of Village - Harkhauli, Paschim Tola, P.S.- Mirganj, District - Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Uchakagaon P.S. Case No. 273 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no recovery from the conscious possession of this petitioner.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein it appears from the records that the allegation against

Patna High Court CR. MISC. No.1751 of 2020(2) dt.14-01-2020 2/3 the petitioner is that the petitioner was found in Scorpio when it was intercepted but the submission of the petitioner is that he was a visitor and is not the owner of the said Scorpio and otherwise involved with the transportation of the illicit liquor and further submission that the petitioner has no criminal antecedent and has remained in custody since 14.11.2019, the statutory period for completion of investigation is complete and the investigation being over, let the petitioner above named be released on bail in connection with Uchakagaon P.S. Case No. 273 of 2019 on furnishing of bail bond of Rs.

15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IIcum-Special Judge, Excise, Gopalganj, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.1751 of 2020(2) dt.14-01-2020 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/vats U T