← Library
Patna High CourtCR. MISC./25868/2020bail granted

Amit Kumar Kapri v. The State Of Bihar

2020-10-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25868 of 2020 Arising Out of PS. Case No.-385 Year-2019 Thana- BISFI District- Madhubani ====================================================== AMIT KUMAR KAPRI S/o Dev Narayan Kapari Resident of Village-Simri, P.S.-Bisfi, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-10-2020 Learned counsel for the petitioner is directed to make correction in the year of Bisfi P.S. Case in the bail petition. Heard both sides through Video Conferencing.

Petitioner seeks bail in Bisfi P.S. Case No.385 of 2019 registered under Sections 272, 273 of the IPC and under Section 30(a) of the Bihar Prohibition and Excise Act. The informant got information that the petitioner and two other persons, namely, Ganesh Yadav and Shiv Kumar Gosai had kept a huge quantity of liquor in an abandoned building of Khadi Bhandar and on such information, a raid was conducted. 367.5 litres of Nepali liquor was recovered. Learned counsel for the petitioner submits that the petitioner was not arrested on the spot. Nothing has been

Patna High Court CR. MISC. No.25868 of 2020(2) dt.13-10-2020 2/2 recovered from conscious possession of the petitioner. The recovery was made from an abandoned building of Khadi Bhandar. Similarly situated co-accused, namely, Ganesh Yadav has been granted anticipatory bail by a coordinate bench of this court vide order dated 12.08.2020 passed in Cr.Misc.No.21614 of 2020. The case of the petitioner stands on the same footing. The petitioner is in jail since 27.03.2020. The petitioner has already remained in jail for more than six and half months. Having considered the facts aforesaid, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani in connection with Bisfi P.S. Case No.385 of 2019 corresponding to G.R. No.2469 of 2019.

(Prabhat Kumar Jha, J) Harish/- U T