Laxman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23091 of 2020 Arising Out of PS. Case No.-84 Year-2020 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Laxman Kumar, aged about - 20 years, Male, Son of Rambhajhu Mahto @ Bhaju Yadav Resident of Village- Akaunadih, P.S.-Muffasil, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-09-2020 Heard Mr. Rajeev Nayan, learned counsel for the petitioner and Mr. Amit Kumar Rakesh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Muffasil P.S. Case No. 84 of 2020 registered for the offence under Section 30 (a)(d) of the Bihar Prohibition & Excise (Amendment ) Act, 2018.

The allegation against the petitioner is that on the basis of secret information Police raided the room of the petitioner, having asbestos roof and recovered a total quantity of 49.6 liters of illicit country made liquor from the said room. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as the asbestos room does not belong to the petitioner. Referring to paragraph no. 7 of the petition, learned counsel for the petitioner submits that the room in question from where illicit country

Patna High Court CR. MISC. No.23091 of 2020(2) dt.08-09-2020 2/2 made liquor has been recovered was abandoned. Learned counsel further submits that the co -accused Vikas Kumar has been granted bail by this court in Cr. Misc. No. 20164 of 2020 . Learned counsel further submits that petitioner is in custody since 14.04.2020.

Having regard to the submissions made by the parties and taking into consideration the fact that co -accused has been granted bail by this court and the petitioner is in custody since 14.04.2020, 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. 10,000/- (ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II cum Special Judge, Nawada / court concerned in connection with Muffasil P.S. Case No. 84 of 2020.

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

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