Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24438 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== SINTU KUMAR Son of - Dohar Ram Resident of Village - Dariyapur Musahari Tola, Ward No. 04, P.S. - Barahiya, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, APP For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-09-2020 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Ms. Pronoti Singh, Additional Public Prosecutor for the state through video conferencing.

Petitioner seeks regular bail in connection with Excise Case No. 47 C2/20 registered for the offence punishable under Sections 30(a) 32, 41, 56(a) of Bihar Prohibition & Excise Act 2018.

The allegation against the petitioner as per First Information Report is that Excise Officials, on the basis of secret information, intercepted one Tempo and recovered total quantity of 88.500 litres of illicit liquor from the same. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel referring to para-7 of this application submits petitioner is not the owner to the tempo in question and he was driving the tempo on the instruction of his owner on the

Patna High Court CR. MISC. No.24438 of 2020(2) dt.22-09-2020 2/2 date of occurrence. Learned counsel further submits that petitioner has got no criminal antecedents and is in custody since 20.05.2020.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedents and is in custody since 20.05.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SINTU 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 Additional District & Sessions Judge-IIcum-Special Judge, (Excise) Lakhisarai in connection with Excise Case No. 47 C2/20.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T