Binesh Kumar @ Vinesh Kumar @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12478 of 2021 Arising Out of PS. Case No.-295 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Binesh Kumar @Vinesh Kumar @Dinesh Kumar S/o Rajo Yadav, resident of village Guri Servey, P.S. Fatehpur, District Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Lilawati Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-04-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Fatehpur P.S. Case no. 295 of 2020 registered under sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 50 litres of country Mahua liquor was recovered from the motorcycle being driven by the petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from the possession or motorcycle of the petitioner. He has been falsely implicated in the case. He is in custody since 1.1.2021, charge sheet has been submitted in the case and he has no criminal antecedent. The application for bail is opposed by learned counsel 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

Patna High Court CR. MISC. No.12478 of 2021(2) dt.08-04-2021 2/2 antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Fatehpur P.S. Case no. 295 of 2020 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise, Gaya. (Partha Sarthy, J) Prakash/- U