Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32648 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- SANOKHAR District- Bhagalpur ====================================================== ANUJ KUMAR S/O GIRENDRA MANDAL R/o village- Fakrichak, P.S.- Goradih, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sanokhar (Amdanda) Police Station Case No. 14 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police intercepted a motorcycle, which was being driven by the petitioner and recovered a total quantity of 22.5 litres of illicit liquor from the said motorcycle.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that the petitioner has got no criminal antecedent and on

Patna High Court CR. MISC. No.32648 of 2021(2) dt.20-12-2021 2/2 the date on which the motorcycle of the petitioner was seized, one another motorcycle was also seized from where illicit liquor was recovered. He next submits that the petitioner is in custody since 18.03.2021 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 the petitioner has got no criminal antecedent, charge sheet has already been submitted and the petitioner is in custody since 18.03.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, Anuj Kumar, 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 2nd Additional Sessions Judge -cum- Special Judge, Excise, Bhagalpur, in connection with Sanokhar (Amdanda) Police Station Case No. 14 of 2021.

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