Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30609 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== PRAVIN KUMAR S/O SHIVJI RAY R/o village- Shahpur, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., 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 Ahiyapur P.S. Case No. 106 of 2021 for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a)/36 of the Bihar Prohibition & Excises Act. The allegation is regarding recovery of 612.450 litres of illicit liquor from a tourist bus and an Omni car. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 12.02.2021. The learned counsel for the petitioner has further submitted that the bus and the vehicle in question do not belong to the petitioner. It is next

Patna High Court CR. MISC. No.30609 of 2021(2) dt.09-12-2021 2/2 submitted that similarly situated co-accused persons have already been granted bail.

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 not stated to be the owner of the bus and the vehicle in question from which the illicit liquor has been recovered, 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 Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 106 of 2021.

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