Raju Kumar @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18839 of 2020 Arising Out of PS. Case No.-141 Year-2019 Thana- SIDHWALIYA District- Gopalganj ====================================================== Raju Kumar @ Munna, aged about 22 years (Male), S/o Hakim Mahto Resident of Village- Degh Supauli, P.S.-Sidhwaliya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2020 Heard Mr. Harendra Prasad, learned counsel for the petitioner and learned counsel appearing for the State through video conferencing.

The petitioner seeks regular bail in connection with Sidhewalia P.S. Case No. 141 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation against the petitioner is that the Police on the basis of secret information raided the old house of Mukesh Mahto and recovered a total quantity of 172.800 liters of illicit wine from the said house. It has further been alleged that upon seeing the police party two persons succeeded in fleeing away, whose names were disclosed by the co-villagers as Mukesh Mahto and Raju Kumar (i.e. the petitioner).

Patna High Court CR. MISC. No.18839 of 2020(2) dt.13-05-2020 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as from perusal of the first information report it would be evident that illicit liquor has been recovered from the old and dilapidated house of the petitioner, where the petitioner does not reside. Learned counsel further submits that the alleged liquor has been recovered from the joint property of the petitioner and similarly situated co -accused person namely Mukesh Mahto has been granted bail in Cr. Misc. No. 4096 of 2020 by a Coordinate Bench of this Court. Learned counsel submits that petitioner is in custody since 29.02.2020 having no criminal antecedent.

Having regard to the submissions made by the parties and taking into consideration the fact that similarly situated coaccused person has been granted bail by a Co-ordinate Bench in Cr. Misc. No. 4096 of 2020 and illicit liquor has been recovered from the old house of the petitioner where he does not reside, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. District Judge-cum-

Patna High Court CR. MISC. No.18839 of 2020(2) dt.13-05-2020 3/3 Special Judge, Excise, Gopalganj in connection with Sidhwaliya P.S. Case No. 141 of 2019.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T