Madhuranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30522 of 2021 Arising Out of PS. Case No.-28 Year-2019 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== MADHURANJAN KUMAR SON OF ABHAY KUMAR R/O BELA CHHAPRA, P.S.- BELA, DISTRICT- MUZAFFARPUR, BIHAR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Bela PS case no. 28 of 2019 instituted for the offences punishable under Sections 272, 273, 414, 120-B of Indian Penal Code and 30(a), 38(1), 41(1) of Bihar Prohibition and Excise Act, 2018.
The allegation is regarding recovery of 3790.08 liters of illicit liquor from a 10-wheeler truck parked in the campus of Balaji Agro Chemical Factory situated at Bela Industrial Area-Phase II. The petitioner is stated to be the owner of a Bolero vehicle parked inside the aforesaid factory in question, however no illicit liquor was recovered from the said
Patna High Court CR. MISC. No.30522 of 2021(2) dt.09-12-2021 2/3 Bolero vehicle.
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 is languishing in custody since 04.02.2021. The learned counsel for the petitioner has further submitted that other co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide orders dated 21.10.2019 and 05.03.2020, passed in Cr. Misc. no. 66250 of 2019 and Cr. Misc. no. 72964 of 2019, respectively.
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 parties and taking into account the parity of the case of petitioner with that of the co-accused persons who have been granted bail by co-ordinate Benches of this Court, apart from the fact that case of the petitioner stands on a better footing, I deem it fit and proper to admit the petitioner to the privilege of bail, accordingly the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.30522 of 2021(2) dt.09-12-2021 3/3 satisfaction of learned court of Special Judge, Excise, Muzaffarpur, in connection with Bela PS case no. 28 of 2019. (Mohit Kumar Shah, J) rinkee/- U T