Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23482 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== GOVIND KUMAR Son Of Late Mahendra Mahto Resident Of VillageBirpur, P.S. - Hasanpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Hasanpur P.S. Case No. 271 of 2022, dated 06.12.2022 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 99.135 litres of foreign liquor and the same is stated to have been recovered from the cattle shed (Bathan) of the petitioner's house but in actual the said place is about 500 meters away from the house of the petitioner and the same is easily accessible to everyone as it is made of Straw and Mud having no permanent gate and window and as per allegation three persons including

Patna High Court CR. MISC. No.23482 of 2023(2) dt.12-05-2023 2/2 the petitioner were found fleeing from the alleged place of recovery on seeing the police party and mainly on the basis of suspicion, petitioner was apprehended. Further submissions are that the petitioner has been languishing in jail since 07.12.2022 having fair and clean antecedent and against him the investigation has been completed and he is a young person.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent, his young age and the completion of investigation against him as well as his custody period, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection with Hasanpur P.S. Case No. 271 of 2022.

(Shailendra Singh, J.) maynaz/- U T