Shrawan Kumar Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35372 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- PUNPUN District- Patna ====================================================== SHRAWAN KUMAR RANA S/O ASHOK KUMAR SINGH R/O PAITHANI NATHUPUR, PS BEUR, DISTRICT-PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar, 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 Special Case No. 1485 of 2021 arising out of Punpun P.S. Case No. 55 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 80 litres of illicit liquor from a tempo in which the petitioner is alleged to be sitting on the front seat.

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 01.03.2021. The learned counsel for the petitioner has submitted by referring to paragraph no. 9 of the present petition that the petitioner is

Patna High Court CR. MISC. No.35372 of 2021(2) dt.13-12-2021 2/2 not the owner of the vehicle 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 categorical averment made by the petitioner to the effect that the petitioner is not the owner of the tempo in question from which illicit liquor has been recovered and the petitioner is languishing in custody since 01.03.2021, 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 Special Judge, Excise, Patna in connection with Special Case No. 1485 of 2021 arising out of Punpun P.S. Case No. 55 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T