Abhinav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19039 of 2022 Arising Out of PS. Case No.-38 Year-2021 Thana- MATIHANI District- Begusarai ====================================================== ABHINAV KUMAR SON OF LATE SHANKAR SINGH R/O - RAMDIRI TOLA, NAKTI, P.S.- MATIHANI, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Matihani PS Case No. 38/2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

The police on the basis of secret information that at village Ramdiri Nakti Choudhary Patti in the house of one Anil Singh a huge quantity of illicit has been kept and Anil Singh along with five persons are engaged in distributing the illicit liquor, proceeded towards the place of occurrence and upon seeing the police party, all the accused persons succeeded in fleeing away. Thereafter, the police recovered altogether 1502.64 litres of illicit liquor from the house of Anil Singh. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of

Patna High Court CR. MISC. No.19039 of 2022(2) dt.26-05-2022 2/2 disclosure of his name by the villagers and no illicit liquor has been recovered from the conscious possession of the petitioner rather the same has been recovered from the house of one Anil Singh. Next submission is that the petitioner is in custody since 21.02.2022 and there is no likelihood that the trial will be concluded in near future.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, he is in custody since 21.02.2022 and there is no likelihood that the trial will be concluded in near future, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.1, Begusarai in connection with Matihani PS Case No. 38/2021. (Anil Kumar Sinha, J) perwez U T