Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30590 of 2021 Arising out of PS. Case No.-27 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== BHARAT KUMAR Son of Nagendra Yadav Resident of Village- Dimaka, P.S.- Dumaria, District- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Leelawati Kumari, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 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 Aurangabad Muffasil P.S. Case No. 27 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of illicit liquor from two cars.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 16.02.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no.

Patna High Court CR. MISC. No.30590 of 2021(2) dt.09-12-2021 2/2 10 of the present petition that the petitioner is having no concern with the seized vehicles in question. 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 fact that the petitioner is stated to be having no concern with the vehicles in question from which illicit liquor has been seized apart from the fact that he is having a clean antecedent, 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 District and Sessions Judge-II-cum-Special Judge-II, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 27 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T