Arun Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25004 of 2021 Arising Out of PS. Case No.-491 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== ARUN KUWAR, SON OF LATE GANESH KUWAR, RESIDENT OF VILLAGE- DILAWARPUR, P.S.- KESARIA, DISTRICT-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2021 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 272, 273 and 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, while the accused persons managed to escape, 528.810 litres of liquor was recovered. It is stated that subsequently the accused were caught.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the FIR itself it would transpire that no incriminating

Patna High Court CR. MISC. No.25004 of 2021(2) dt.21-09-2021 2/2 article has been recovered from the possession of the petitioner. The cause of false implication of the petitioner is his antecedent under the Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 31.12.2020 and chargesheet has been submitted in the case.

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 being in custody for over 8 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sahebganj P.S. Case no. 491 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 Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T