Jalu Thakur @ Mohit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19149 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== Jalu Thakur @ Mohit Thakur Son of Satrudhan Thakur Resident of Village - Tiwari Tola Dariyapur, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Bharat Bhushan (App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Sangrampur P.S. Case No. 17 of 2020 registered for the offence under sections 272 and 273 of the Indian Penal Code and sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret information having been received that one Satrughna Thakur was dealing with IMFL in his shop, a raid was conducted. Three accused persons including the petitioner herein managed to escape. It is further stated that 2806.8 litres of IMFL was recovered. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.19149 of 2020(2) dt.03-06-2020 2/2 that the petitioner was not arrested at the spot and no recovery has taken place from his possession. He has been falsely implicated in the case only for the reason that he happens to be the son of Satrughna Thakur. He is in custody since 13.2.2020 and chargesheet has been submitted the case.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner was not arrested at the spot, he being in custody since 13.2.2020 and investigation having concluded in the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sangrampur P.S. Case No. 17 of 2020 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the 9th Additional Sessions Judge-cum-Special Judge (Excise), East Champaran, Motihari.

(Partha Sarthy, J) sushma/- U