Sunil Kumar @ Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20985 of 2020 Arising Out of PS. Case No.-1127 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SUNIL KUMAR @ SUNIL RAI Son of Kedar Rai @ Kedar Prasad Yadav Resident of Village - Shivrahan Basudeo, P.S.- Ahiyapur, District - Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-06-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Ahiyapur P.S. Case No. 1127 of 2019 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 36, 38 and 41 of Bihar Prohibition and Excise Act, 2016.

From a truck, the police are said to have recovered 36 liters of India Made Foreign Liquor. It is alleged that the miscreants fled away from the place of recovery, whose names were disclosed by the persons near the place of recovery. Learned counsel appearing on behalf of the petitioner has submitted that recovery, as alleged, was not made made from the possession of the petitioner and his name has surfaced on the basis of disclosure made by persons present near

Patna High Court CR. MISC. No.20985 of 2020(2) dt.25-06-2020 2/2 the place of seizure.

Considering the above submission, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in Ahiyapur P.S. Case No. 1127 of 2019.

(Chakradhari Sharan Singh, J) Pawan/- U T