Deena Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31070 of 2021 Arising Out of PS. Case No.-22 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== DEENA DAS Son of Late Shri Shankar Das Resident of Village- Balua Thanghati Virta Tola, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Tandon For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Paharpur Police Station Case No. 22 of 2019, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30(a) (b) (c)/33/34/36 of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police recovered 765 litres of illicit liquor from the lounge/garden situated beside the house of the petitioner. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and illicit liquor has been recovered from an open space, which is accessible to all and sundry. He next submits that the

Patna High Court CR. MISC. No.31070 of 2021(2) dt.10-12-2021 2/2 petitioner is in custody since 09.02.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that charge sheet has already been submitted and the petitioner is in custody since 01.02.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, Deena Das, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, East Champaran, at Motihari, in connection with Paharpur Police Station Case No. 22 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √