Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26615 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- BELA INDUSTRIAL District- Muzaffarpur ====================================================== SUMIT KUMAR S/O SHYAM KISHOR SINGH R/o Mohalla- Rajput Tola, P.S.- Mithanpura, District- Muzaffarpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2021 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 34 of the Indian Penal Code and sections 30(a) and 36 of the Bihar Prohibition and Excise Act.
As per the prosecution case, 62.280 litres of liquor was recovered from the vehicle and the petitioner was taken into custody.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession nor the vehicle belonged to him. He has been falsely implicated in the case. He has no antecedent under the Bihar Prohibition and Excise Act, 2016. He is in custody
Patna High Court CR. MISC. No.26615 of 2021(2) dt.26-11-2021 2/2 since 24.1.2021 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the period in custody and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the Court directs the petitioner to be enlarged on bail in connection with Bela P.S. Case no.5 of 2021 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) Saurabh/- U T