Patna High CourtCR. MISC./23767/2020bail granted

Ganesh Kumar v. The State Of Bihar

2020-09-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23767 of 2020 Arising Out of PS. Case No.-121 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== GANESH KUMAR Son of Shivchandra Sah Resident of Village - Sarmastpur, P.S.- Sakra, District - Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Adv Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2020 Heard Mr. Prabhat Kumar Singh, learned counsel for the petitioner and Anuj Kumar Srivastava, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Sakra PS Case No. 121/2020 registered for the offence punishable under Sections 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 raided the house of the petitioner and recovered 61.920 litres of illicit liquor which was kept in a room.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the said illicit liquor has been recovered from a room

Patna High Court CR. MISC. No.23767 of 2020(2) dt.16-09-2020 2/2 situated at the eastern side of the verandah and the same place is accessible to all and sundry.

5. Learned counsel for the petitioner further submits that petitioner is in custody since 04.04.2020 having no criminal antecedents.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent and is under custody since 04.04.2020, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, GANESH KUMAR 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, Muzaffarpur, in connection with Sakra PS Case No. 121 of 2020.

8. 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