Patna High CourtCR. MISC./13418/2022bail granted

Shiv Kumar v. The State Of Bihar

2022-03-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13418 of 2022 Arising Out of PS. Case No.-445 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== SHIV KUMAR S/o Rohit Ram R/o Village - Bahuara Gopi Singh , P.S. - Rajepur, District - Motihari (East Champaran). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Kumar Paswan, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Minapur P.S. Case No. 445 of 2021 instituted for the offences under Sections 272, 273, 414, 420, 120(b) of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.11.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 769.680 litre of liquor from a vehicle as detailed in the FIR.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13418 of 2022(2) dt.22-03-2022 2/2 petitioner is neither the owner nor the driver of the vehicle and he was merely a passenger and came to be implicated when the search was being made.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-I, Muzaffarpur in connection with Minapur P.S. Case No. 445 of 2021.

(Satyavrat Verma, J) Kundan/- U T