Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25565 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== AMAR KUMAR Son of Guneshwar Rai Resident of Keol Garhara, P.S.- Barauni, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2020 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 sri Ashok Kumar, the learned APP for the State. The petitioner seeks regular bail in connection with Barauni (Garhara) P.S. Case No. 46 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Patna High Court CR. MISC. No.25565 of 2020(2) dt.05-10-2020 2/3 The allegation is regarding recovery of 823.56 liters of illicit liquor from the house of the coaccused person, namely, Ranjeet Paswan. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that though, the petitioner is an accused in one other case, but he is on bail in the said case and moreover, he is languishing in custody since 3.5.2020. Lastly, it is submitted that the petitioner is non-FIR named accused person and merely on suspicion, he has been roped in the present case.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that the petitioner has not been named in the FIR and the illicit liquor has been recovered from the house of the co-accused person, namely, Ranjeet Paswan, I deem it fit and

Patna High Court CR. MISC. No.25565 of 2020(2) dt.05-10-2020 3/3 proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge 2nd-cumSpecial Judge, Excise Act, Begusarai in connection with Barauni (Garhara) P.S. Case No. 46 of 2020. (Mohit Kumar Shah, J) Ajay/- U T