Baiju Karori v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1929 of 2020 Arising Out of PS. Case No.-108 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== Baiju Karori Son of Rohit Karori Resident of Village - Mahindwar, Navtoli, Police Station - Phulparas, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha For the Opposite Party/s :
Mr.Kanhaiya Kishore(App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Phulparas P.S. Case No. 108 of 2018, G.R. No. 788 of 2018 for the offence punishable under Sections 272, 273 of the Indian Penal Code and under section 30(a) (d) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 744.144 liters of illicit wine from the orchard of one Suman Kumar Mishra. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner has been named by the co-accused persons and that is why, he has been implicated in the present case, although the fact is that neither the orchard
Patna High Court CR. MISC. No.1929 of 2020(2) dt.14-01-2020 2/3 from where recovery has been made, belongs to the petitioner nor the illicit liquor has been recovered from the conscious possession of the petitioner. The petitioner is stated to be languishing in custody since 18.7.2019. It is further submitted that the co-accused person, who had taken the name of the petitioner to be his accomplice, has already been granted bail by a co-ordinate Bench of this Court vide order dated 25.10.2018 passed in Cr. Misc. No. 63500 of 2018. It is also pointed out that other co-accused person has also been granted bail by a coordinate Bench of this Court vide order dated 20.09.2018 passed in Cr. Misc. No. 58467 of 2018.
Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that similarly situated other co-accused persons have already been granted bail by co-ordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumSpecial Judge, Excise Act, Madhubani in connection with
Patna High Court CR. MISC. No.1929 of 2020(2) dt.14-01-2020 3/3 Phulparas P.S. Case No. 108 of 2018, G.R. No. 788 of 2018. (Mohit Kumar Shah, J) Tiwary/- U T