Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35378 of 2021 Arising Out of PS. Case No.-91 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== PREM KUMAR Son of Jai Prakash Giri Resident of Village - Shankarpur, P.S.- Haspura, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Complaint Case No. 91 of 2021 for the offence registered under Sections 30(A) and 56(b) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 72 litres of illicit liquor from a tempo.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 08.03.2021. The learned counsel for the petitioner has referred to paragraph no. 7 of the present petition, to submit that he is not the owner of the

Patna High Court CR. MISC. No.35378 of 2021(2) dt.13-12-2021 2/2 tempo in question.

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

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 A.D.J.-II-cum-Special Judge (Excise), Gaya in connection with Excise Case No. 91 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T