Devnath Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28132 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- SINGHIYA District- Samastipur ====================================================== DEVNATH PATHAK S/o Late Jageswar Pathak Resident of VillageShumbha, P.S.- Singhia, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel appearing for the petitioner and Ms. Anita Kumari Singh, learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Singhia P.S. Case No. 15 of 2021 (Computer Registration No. 125 of 2021) for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. . The allegation is regarding recovery of 626 liters of illicit liquor from a hut stated to be that of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner is languishing in custody since 03.02.2021. The learned counsel for the petitioner has next submitted that the said hut in

Patna High Court CR. MISC. No.28132 of 2021(2) dt.07-12-2021 2/2 question is situated in an open place, hence the possibility of the illicit liquor being planted therein cannot be ruled out. Per contra, Ms. Anita Kumari Singh, learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail upon him furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge, Excise, Samastipur in connection with Singhia P.S. Case No. 15 of 2021 (Computer Registration No. 125 of 2021).

(Mohit Kumar Shah, J) S.Sb/- U T