Kush Kumar Purve @ Kushwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30537 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- DEODHA District- Madhubani ====================================================== 1.

KUSH KUMAR PURVE @ KUSHWA Son of Bahadur Purve @ Rambabu Parve Resident of Village - Dorbar, P.S.- Jainagar, District - Madhubani 2.

Sanjay Kumar Sahni Son of Rudal Sahani Resident of Village - Dorbar, P.S.- Jainagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Deodha PS case no. 15 of 2021 instituted for the offences punishable under Sections 272, 273/34 of Indian Penal Code and 30(a)of Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of illicit liquor from an Indigo car and the petitioner was arrested from the spot.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody

Patna High Court CR. MISC. No.30537 of 2021(2) dt.09-12-2021 2/2 since 20.02.2021. The petitioner is stated to be an accused in one other case but he is on bail. It is further submitted that the car does not belong to the petitioner.

Per contra, the learned A.P.P. 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 parties and taking into account the materials available on record as also the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail, accordingly the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional District & Sessions Judge-Iind-cum-Special Juddge, Excise Act, Madhubani in connection with Deodha PS case no. 15 of 2021. (Mohit Kumar Shah, J) rinkee/- U T