Antu Nat @ Sunil Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30937 of 2021 Arising Out of PS. Case No.-246 Year-2019 Thana- NASRIGANJ District- Rohtas ====================================================== ANTU NAT @ SUNIL KUMAR RAM S/O BAGEDAN NAT @ BAGENDRA NAT @ BAGENDRA @ BAGEDAN RAM R/o village- Ghari, P.S.- Nasriganj, Distrct- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr, Adv.

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Nasriganj Police Station Case No. 246 of 2019, registered for the offences punishable under Section 420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police, on the basis of secret information that five persons, who were standing near a truck, have brought the consignment of liquor, proceeded towards the place of occurrence and upon seeing the police party, the accused persons started fleeing away, however two of them, namely, Amawas Ram and Sadin Choudhary were arrested and the

Patna High Court CR. MISC. No.30937 of 2021(2) dt.10-12-2021 2/3 arrested co-accused persons disclosed the name of this petitioner and others. The police recovered 267.84 litres of illicit liquor from the truck and 475.2 litres of illicit liquor from the bamboo clump on the basis of disclosure made by the co-accused Amawas Ram.

Learned Senior Counsel for the petitioner submits that the petitioner has got no criminal antecedent and his name has transpired on the basis of the confessional statement made by arrested co-accused persons before the police. He further submits that no illicit liquor has been recovered from the conscious possession and/or vehicle/premises belonging to the petitioner. He next submits that the petitioner is in custody since 28.01.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, his name has transpired on the basis of the confessional statement made by co-accused, charge sheet has already been submitted and the petitioner is in custody since 28.01.2021, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.30937 of 2021(2) dt.10-12-2021 3/3 This application is, accordingly, allowed.

Let the petitioner, Antu Nat @ Sunil Kumar Ram, 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 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Rohtas, at Sasaram, in connection with Nasriganj Police Station Case No. 246 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √