Shubham Kumar @ Kunal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23979 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== SHUBHAM KUMAR @ KUNAL S/o Shivnath Singh Resident of VillageMathiya, P.S.- Keshariya, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2020 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Bharat Lal, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Kajra PS Case No. 50/2020 registered for the offence punishable under Sections 272, 273/34 and 30 (a) of Bihar Prohibition & Excise Act 2016.

3. The allegation against the petitioner as per First Information Report is that the police, on the basis of confidential information that in the orchard of one Nunu Babu foreign liquor was being unloaded from a truck, proceeded towards the place of occurrence and recovered total quantity of 5124.960 litres of illicit liquor from three vehicles i.e., truck, Tata pickup van and Hyundai Car.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as

Patna High Court CR. MISC. No.23979 of 2020(2) dt.18-09-2020 2/2 the petitioner has got no concern with illicit liquor inasmuch as he is not the owner of any of said vehicles from where illicit liquor has been recovered and the petitioner is in custody since 23.03.2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is not the owner of any of said vehicles from where illicit liquor has been recovered and the petitioner is in custody since 23.03.2020, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, SHUBHAM KUMAR @ KUNAL be released on bail, if he is not required in any other case, on 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 Kajra PS Case No. 50 of 2020.

7. 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) perwez U T