Patna High CourtCR. MISC./17404/2021bail granted

Jay Kumar Vishwakarma v. The State Of Bihar

2021-08-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17404 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== JAY KUMAR VISHWAKARMA SON OF LATE PRADEEP VISHWAKARMA Resident of Village - Bela Yaku Cabirchak, P.S.- Bahadurpur, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Balmukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-08-2021 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 sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, 252 litres of liquor was recovered from a tempo being driven by this petitioner while the owner is stated to have escaped.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He did not know the contents of the goods being carried in the tempo. He is in custody since 5.12.2020 and has no criminal antecedent.

Patna High Court CR. MISC. No.17404 of 2021(2) dt.13-08-2021 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for more than 8 months, the Court directs the petitioner to be enlarged on bail in connection with G.O Case no. 242 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 Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Prakash/- U