Puttu Kumar @ Putush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36365 of 2021 Arising Out of PS. Case No.-362 Year-2018 Thana- PARSABAZAR District- Patna ====================================================== PUTTU KUMAR @ PUTUSH KUMAR SON OF RAMSHISH YADAV Resident of Village - Mahuabagh, P.S.- Parsa Bazar, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Parsa Bazar P.S. Case No. 362 of 2018 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 2070 litres of illicit liquor from a water tank situated in the house of the coaccused person namely Rakesh Kumar and from the spot one co-accused person namely Manoj Kumar was arrested who has disclosed the name of other persons including the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.36365 of 2021(2) dt.14-12-2021 2/2 present case and he is languishing in custody since 01.02.2021. The learned counsel for the petitioner has further submitted that neither the place from where the illicit liquor has been recovered belongs to the petitioner nor he has got any relation with them. Per contra, the learned counsel 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 illicit liquor has not been recovered either from the conscious possession of the petitioner or from his house, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Parsa Bajar P.S. Case No. 362 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T