Bikash Laiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14059 of 2021 Arising Out of PS. Case No.-254 Year-2020 Thana- BAUNSI District- Banka ====================================================== BIKASH LAIYA Son of Late Dilip Laiya Resident of Village- Auriya, P.S.- Barahat, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Special Case no. 537 of 2020 arising out of Baunsi P.S Case no. 254 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on the tempo in question being stopped and searched, it is stated that 146.7 litres of liquor was recovered and both the accused persons including the petitioner herein were taken into custody.

It is submitted by learned counsel for the petitioner that the petitioner is neither the owner nor the driver of the vehicle in question. He has no concern with the seized article. He was arrested under a misunderstanding as he had taken lift. He has no criminal antecedent and is in custody since 2.10.2020.

The application for bail is opposed by learned counsel

Patna High Court CR. MISC. No.14059 of 2021(2) dt.01-07-2021 2/2 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 nearly 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Case no. 537 of 2020 (arising out of Baunsi P.S Case no. 254 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 2nd Additional Sessions Judge, Banka.

(Partha Sarthy, J) Prakash/- U