Rupesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26898 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== RUPESH THAKUR Son of Shatrughan Thakur @ Shatrudhan Thakur Resident of Village - Tiwari Tola Dariyapur, P.S.- Sangrampur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Sangrampur Police Station Case No. 17 of 2020, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/35/38 of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the shop of the petitioner was raided and the police recovered 2806.8 litres of illicit liquor from the shop in question.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26898 of 2020(2) dt.20-10-2020 2/3 petitioner has not committed any offence in the manner alleged and from perusal of the First Information Report, it would be evident that the owner of the shop is the father of the petitioner, namely, Shatrudhan Thakur. He, referring to Annexure-2, submits that the petitioner, being the son of Shatrudhan Thakur, had leased out the shop in question in favour of one Rameshwar Dubey, on rent. He further submits that the petitioner is in custody since 14.04.2020.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 14.04.2020, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge -cumSpecial Judge, Excise, East Champaran, at Motihari, in connection with Sangrampur Police Station Case No. 17 of 2020.

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

Patna High Court CR. MISC. No.26898 of 2020(2) dt.20-10-2020 3/3 distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √