Patna High CourtCR. MISC./4734/2022bail granted

Avinash Kumar v. The State Of Bihar

2022-02-15Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4734 of 2022 Arising Out of PS. Case No.-437 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== AVINASH KUMAR S/O SIKENDRA RAY @ BIGU ROY @ SIKINDRA RAI RESIDENT OF VILLAGE- CHINTAMANPUR, P.S.- PAROO, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 35 litres of liquor was recovered from the land belonging to Tapeshwar Singh. It was stated by the Choukidar and the local people that the petitioner along with others are involved in the business of liquor. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The alleged recovery is from the field of Tapeshwar Singh. The

Patna High Court CR. MISC. No.4734 of 2022(2) dt.15-02-2022 2/2 petitioner is in custody since 18.11.2021 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Paroo P.S. Case no.437 of 2021 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 Act, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T