Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32519 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- KATORIYA District- Banka ====================================================== VINOD KUMAR Son of Uday Yadav Resident of Village- Bathnaha, P.S.- Alauli, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.A.G.

====================================================== 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.

The petitioner seeks regular bail in connection with Katoriya P.S. Case No. 49/2021, registered for the offence punishable under Sections 30(a), 32(2) and 56(D) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of

Patna High Court CR. MISC. No.32519 of 2021(2) dt.10-12-2021 2/3 178.500 liters of illicit foreign made liquor from a tempo.

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 10.3.2021. The learned counsel for the petitioner has further submitted that the petitioner is not the owner of the tempo and was a passenger in the said tempo, hence, he cannot be stated to be having any complicity in the matter.

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 fact that the petitioner is not the owner of the tempo in question from which illicit liquor has been recovered as also considering the period of

Patna High Court CR. MISC. No.32519 of 2021(2) dt.10-12-2021 3/3 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 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 Additional Session Judge, 2nd-cum-Special Judge Excise Act, Banka in connection with Katoriya P.S. Case No. 49/2021. (Mohit Kumar Shah, J) Ajay/- U T