Abhijeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6253 of 2022 Arising Out of PS. Case No.-77 Year-2020 Thana- PUSA District- Samastipur ====================================================== ABHIJEET KUMAR S/o Vindeshwar Singh R/o Village- Dhobgama, P.S. Pusa, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aprajita For the Opposite Party/s :

Ms.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Pusa PS Case No. 77/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act. 25 Cartons of illicit liquor has been recovered from the pickup van of the petitioner and further 102 Cartons of illicit liquor was recovered from a husk house of the co-accused, namely, Rajiv Thakur.

Learned counsel for the petitioner submits that the petitioner's name has transpired in this case as he happens to be the owner of the said pickup van and he has not committed any offence in the manner alleged. Learned counsel next submits that no illicit liquor has been recovered from the conscious possession of the petitioner and he plies his vehicle through its driver on hire basis and he was not aware about the illicit liquor being kept therein. Next submission is that the petitioner having

Patna High Court CR. MISC. No.6253 of 2022(2) dt.25-05-2022 2/2 clean antecedent is in custody since 21.10.2021, the chargesheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, he plies his vehicle through its driver on hire basis and he was not aware about the illicit liquor being kept therein, the petitioner having clean antecedent is in custody since 21.10.2021, the charge-sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Samastipur in connection with Pusa PS Case No. 77/2020.

(Anil Kumar Sinha, J) perwez U T