Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32059 of 2021 Arising Out of PS. Case No.-144 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== VISHAL KUMAR Son of Late Rajeshwar Singh Resident of Village - Turkpatti, P.S.- Hathua, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Anita Kumari Singh.

The petitioner seeks regular bail in connection with Hathua P.S. Case No. 144/19, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.32059 of 2021(2) dt.10-12-2021 2/3 The allegation is regarding recovery of 40 liters of illicit wine from near a brick kiln. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 21.1.2021. The learned counsel for the petitioner has further submitted that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor from his house.

Per contra, the learned APP 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 period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner

Patna High Court CR. MISC. No.32059 of 2021(2) dt.10-12-2021 3/3 is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-II cum Special Judge, Excise, Siwan in connection with Hathuwa P.S. Case No. 144/19. (Mohit Kumar Shah, J) Ajay/- U T