Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19164 of 2021 Arising Out of PS. Case No.-483 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Amit Kumar Son Of Lalan Kumar R/O Village- Itwa, P.S.- Begusarai Muffasil (Singhaul), District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Adv.
For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-09-2021 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 414 and 120B of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per allegations in the F.I.R., on the information disclosed by accused Rohit Kumar and Jitendra Kumar a container was seized and 3461 litres of liquor recovered. The said two accused disclosed the name of six other accused persons including the petitioner herein stating that they were also involved in sale of liquor.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.19164 of 2021(2) dt.03-09-2021 2/2 that the petitioner has been falsely implicated in the case because of his antecedent. No incriminating article has been recovered from his possession. He is in custody since 10.12.2020 and there is no material against him except the statement of a coaccused made before the police. Investigation in the case has concluded.
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 having remained in custody for more than 8 months, the Court directs the petitioner to be enlarged on bail in connection with Mufassil (Singhaul) P.S. Case no. 483 of 2019 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-cumSpecial Judge, Excise Act, Begusarai. (Partha Sarthy, J) Bibhash/- U