Barun Kumar @ Barun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23054 of 2022 Arising Out of PS. Case No.-247 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== BARUN KUMAR @ BARUN RAI SON OF CHANDRADEV RAI R/O VILLAGE- CHAND SARAI, P.S.- JANDAHA, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Vijay Anand, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Excise GR No. 1157/2020 arising out of Jandaha PS Case No. 247/2022 registered for the offence punishable under Section 414 of the IPC and Sections 30(a), 38(i), 41(i) of Bihar Prohibition & Excise Act 2018.

2728 litres of illicit liquor has been recovered by the police from a Truck bearing Registration No.PB12T-1891 and two persons were arrested from the truck.

Learned senior counsel for the petitioner submits that the petitioner has not been arrested on the spot nor any recovery of illicit liquor has been made from his conscious possession. He next submits that petitioner has been implicated in this case on the basis of confessional statement of arrested co-accused,

Patna High Court CR. MISC. No.23054 of 2022(2) dt.25-05-2022 2/2 Jasbir Singh. He further submits that the petitioner having no criminal antecedent is in custody since 03.04.2022 and the similarly situated accused person, namely, Manish Singh has been granted bail by this Court vide Cr. Misc. No. 22335/2021. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner having no criminal antecedent is in custody since 03.04.2022, similarly situated accused person, has been granted bail by this Court, the charge-sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1st -cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Excise GR No. 1157/2020 arising out of Jandaha PS Case No. 247/2022 .

(Anil Kumar Sinha, J) perwez U T