Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32929 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- GOVINDPUR District- Nawada ====================================================== SACHIN KUMAR Son of Tarkeshwar Saw Resident of Village - Ward no.5, Panchatay Jamu, P.S.- Markacho, Distt.- Kodarma (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar 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 Govindpur P.S. Case No. 11 of 2021, registered for the offence punishable under Sections 30(A)/41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 306.9

Patna High Court CR. MISC. No.32929 of 2021(2) dt.10-12-2021 2/3 liters of illicit liquor from a tata magic pick-up van. 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 11.1.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 9 of the present petition that the petitioner has no concern with the pick-up van in question and he has been falsely implicated in the present case.

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 vehicle in question and he is languishing in custody since 11.1.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.32929 of 2021(2) dt.10-12-2021 3/3 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 ADJ II, Nawada in connection with Govindpur P.S. Case No. 11/2021.

(Mohit Kumar Shah, J) Ajay/- U T