Biran Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26457 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== BIRAN DAS Son of Baijnath Das Resident of Village- Katalpur, P.S.- Baikunthpur, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Natraj Verma, Advocate For the Opposite Party/s :

Mr. Rajkishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2020 Heard Mr. Natraj Verma, learned counsel for the petitioner and Mr. Rajkishore Singh, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Baikunthpur P.S. Case No. 15 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that the Police raided the house of the petitioner and his son and recovered a total quantity of 765 litres of illicit foreign liquor and 2287.225 litres of illicit foreign liquor from the house of his son namely, Santosh Das. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.26457 of 2020(2) dt.12-10-2020 2/3 and he has falsely been implicated in this case merely on the basis of the fact that huge quantity of illicit foreign liquor has been recovered from the house of his son. Learned counsel referring to seizure list submits that the liquor in quesstion was seized from the house of son of the petitioner namely, Santosh Das and from the bush situated near his house and not from the house of the petitioner. Learned counsel further submits that the petitioner is an old person aged about 70 years and has got no criminal antecedent. He is in custody since 04.03.2020. Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent and he is in custody since 04.03.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Gopalganj, in connection with Baikunthpur P.S. Case No. 15 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding

Patna High Court CR. MISC. No.26457 of 2020(2) dt.12-10-2020 3/3 lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T