Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35504 of 2021 Arising Out of PS. Case No.-96 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Ankit Kumar Son of Janardan Bhagat Resident of Village - Karariya, Ward No. 03, P.S. - Nagar (Gopalganj), District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 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 learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 96 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 21.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would

Patna High Court CR. MISC. No.35504 of 2021(2) dt.03-12-2021 2/2 manifest that informant alleges that total 382.680 litres liquor was recovered from a Scorpio vehicle and the petitioner was arrested on the spot while others managed to flee. Learned counsel for the petitioner submits that he is not the owner of the Scorpio as he had taken lift in the car and was not aware what was being carried in the vehicle by the owner and the driver.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 21.03.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Gopalganj in connection with Excise Case No. 96 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T