Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21754 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- MATIHANI District- Begusarai ============================================== BITTU KUMAR S/O- Ranjit Singh R/O- Village - Sadanandpur, P.S. - Balia, District - Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar For the Opposite Party/s :

Mr. S.M. Rahman ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-07-2020 Heard Mr. Braj Bhushan Poddar, learned counsel for the petitioner and Mr. S.M. Rahman, learned APP for the State.

The petitioner, who is in custody since 09.03.2020 seeks bail in connection with Matihani P.S. Case No. 16 of 2020 dated 19.02.2020 instituted for the offences under Sections 120B of the Indian Penal Code and Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The police received a secret information that petitioner and two others have ordered for a big consignment of liquor. On such information, a raid was conducted in village Badalpura and a truck and a Scorpio vehicle were

Patna High Court CR. MISC. No.21754 of 2020(2) dt.08-07-2020 2/3 intercepted. From the aforesaid vehicles 4839.480 litres of liquor is said to have been recovered. Thereafter, the petitioner and another were identified by local persons. Learned counsel for the petitioner submits that there is no recovery from the possession of the petitioner and the petitioner has got no connection with the vehicles which have been intercepted. Because of the petitioner residing in that village as a guest, an attempt has been made to have him ousted from the village and therefore he has been falsely implicated in this case. It has further been submitted on his behalf that earlier also he was made accused in a case in which he was shown to be a person who was found running away from the place of occurrence.

In the aforesaid case, he has been granted bail by the court below. Apart from what has been stated in paragraph - 3 of the bail petition, there is no other case against the petitioner. Regard being had to the aforesaid facts and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.21754 of 2020(2) dt.08-07-2020 3/3 each to the satisfaction of learned A.D.J. -II-cum-Special Judge, Excise Act, Begusarai in connection with Matihani P.S. Case No. 16 of 2020 .

(Ashutosh Kumar, J) sunilkumar/- U T