Sandeep @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36059 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SANDEEP @ SANDEEP KUMAR Son of Rajendra Singh Resident of Village - Gadisisana, P.S. - Kharkhauda, District - Sonipat (Haryana). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babita Kumari, Adv.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 106/2021, registered for the offence punishable under Sections 272/273/34 of the Indian Penal Code and Section 30(a)/36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 612.45 liters of illicit liquor from a tourist mini bus.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.36059 of 2021(2) dt.14-12-2021 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 14.2.2021. The learned counsel for the petitioner has further submitted that the petitioner was not arrested from the spot and in fact, his name has transpired during the course of investigation, upon disclosure made by the arrested persons, who have sated that he was one of the person, who was dealing in the illicit trade of liquor.

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 has got no connection either with the seized tourist mini bus or with the seized illicit liquor and moreover, he is languishing in custody since 14.2.2021, I deem it fit and proper to direct for release of the

Patna High Court CR. MISC. No.36059 of 2021(2) dt.14-12-2021 3/3 petitioner on regular bail.

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 Special Judge, Excise, Muzaffarpur in connection with Ahiyapur P.S.Case No. 106/2021.

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