Patna High CourtCR. MISC./29031/2021bail granted

Bhola Kumar v. The State Of Bihar

2021-12-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29031 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== BHOLA KUMAR Son of Harendra Rai Resident of Village - Sitalpur Pakh, P.S.- Baikurdhpur, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2021 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 section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, about 841 litres of IMFL was recovered from the vehicle of which it is stated that the petitioner was the driver.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered either from his possession or from his vehicle. He has been falsely implicated in the case. The petitioner is in custody since 9.2.2021 and has

Patna High Court CR. MISC. No.29031 of 2021(2) dt.10-12-2021 2/2 no criminal antecedent. 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 petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Dumariyaghat P.S. Case no. 15 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 2nd Additional Sessions Judge cum Special Judge, Excise, Motihari, East Champaran.

(Partha Sarthy, J) Bibhash/- U