Raushan Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35879 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== RAUSHAN KUMAR @ GOLU Son of Dasai Mahto Resident of Village - Sherpur, P.S.- Sadar, District - Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Excise Case No. 55 of 2020 (P. R. No. 02 of 2020), registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the prosecution Report, is that the excise officials received a secret information that a consignment of liquor has been kept in the house of co-accused Girendra Jha by the petitioner for the purpose of selling the same, proceeded towards the place of occurrence and a total quantity of 1162.54 litres of illicit liquor and 03 litres of beer were allegedly recovered from the house of co-accused Girendra

Patna High Court CR. MISC. No.35879 of 2021(2) dt.06-01-2022 2/3 Jha.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of the secret information received by the excise officials and no illicit liquor has been recovered from the conscious possession and/or premises belonging to him. He further submits that the petitioner is in custody since 08.02.2021 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 charge sheet has already been submitted, no illicit liquor has been recovered from the possession of the petitioner, and the petitioner is in custody since 08.02.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with

Patna High Court CR. MISC. No.35879 of 2021(2) dt.06-01-2022 3/3 Excise Case No. 55 of 2020 (P. R. No. 02 of 2020). (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √