Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28135 of 2021 Arising Out of PS. Case No.-311 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== PAWAN KUMAR Son of Sri Binda Pandit Resident of Village- Kalyanpur Harauna, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel appearing for the petitioner and learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Motipur P.S. Case No. 311 of 2020 for the offence punishable under Sections 30(a)/41(1) (2) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of illicit country made liquor from behind the house of the petitioner along with a motorcycle.

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 motorcycle in question does not belong to the petitioner and no illicit liquor

Patna High Court CR. MISC. No.28135 of 2021(2) dt.07-12-2021 2/2 has been recovered either from the conscious possession of the petitioner or from his house. Lastly, it is submitted that the petitioner is languishing in custody since 11.02.2021. Per contra, the 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 Special Judge (Excise Act), Muzaffarpur in connection with Motipur P.S. Case No. 311 of 2020.

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