Ramu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26375 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== RAMU KUMAR Son of Amar Singh Prasad Resident of Village - Jhakhara, Ward No. 5, P.S.- Jagdishpur, District - West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-10-2020 The present petition 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 Shri Arun Kumar Singh, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Excise Case No. 78 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Amended Excise Act, 2018.

The allegation is regarding recovery of 209.520 litres of illicit liquor from a Scorpio vehicle. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.26375 of 2020(2) dt.14-10-2020 2/2 that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 07.03.2020.

The learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge2nd cum Special Judge, Excise, Gopalganj in connection with Excise Case No. 78 of 2020.

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