Patna High CourtCR. MISC./18335/2020bail granted

Saroj Kumar v. The State Of Bihar

2020-07-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18335 of 2020 Arising Out of PS. Case No.-124 Year-2020 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== SAROJ KUMAR Son of Suresh Rai Resident of Village - Harpur Pipra, P.S.- Majorganj, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Anil Kumar Singh No. 1, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Complaint Case No. C-2/124/2020 for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 252 litres of Nepali country made wine from the petitioner and one other coaccused person, after they were apprehended by the Police.

Patna High Court CR. MISC. No.18335 of 2020(3) dt.06-07-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 13.02.2020. Per contra, the learned A.P.P. 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 period of incarceration of the petitioner apart from the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Complaint Case No. C-2/124/2020.

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