Barku @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15757 of 2021 Arising Out of PS. Case No.-312 Year-2020 Thana- MALSALAMI District- Patna ====================================================== BARKU @ SANJAY KUMAR Son of Laxmi Narain Yadav Resident of Mohalla- Simli Sahdra Ramdhani Road, P.S.- Malsalami, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-08-2021 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 Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on a raid being conducted, the petitioner who was selling liquor made an attempt to escape but was caught and 120 litres of mahua liquor was recovered.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his personal possession. The allegation of the petitioner selling liquor is false. He has been falsely implicated in the case. He is in custody since 16.12.2020. Investigation in the case has

Patna High Court CR. MISC. No.15757 of 2021(2) dt.06-08-2021 2/2 concluded and he 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 and circumstances of the case including the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Special Case no.7310 of 2020 (arising out of Malsalami P.S. Case no.312 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, Patna.

(Partha Sarthy, J) Saurabh/- U T