Gopal Jee@Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14101 of 2021 Arising Out of PS. Case No.-325 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== GOPAL JEE@GOPAL KUMAR Son of Sri Sanjay Kumar Singh Resident of Village - Sadpura, Milki Tola, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Kazi Mohammadpur P.S. Case no. 325 of 2020 registered under sections 414 and 34 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, it is stated by the informant that on receiving information that some persons were dealing in liquor, a raid was conducted. On reaching near the vehicle, the eleven named accused persons including the petitioner herein escaped and 119 litres of liquor was recovered

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It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He has no concern either with the seized liquor or the vehicle from which it is alleged to have been seized. He is in custody since 22.11.2020 and has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner not having any criminal antecedent and being in custody for 7 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kazi Mohammadpur P.S. Case no. 325 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 Special Judge Excise, Muzaffarpur.

Spd/- (Partha Sarthy, J) U T

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