Patna High CourtCR. MISC./23993/2020bail granted

Avinash Kumar Prasad @ Abhinash Kumar Prasad v. The State Of Bihar

2020-09-18Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23993 of 2020 Arising Out of PS. Case No.-207 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== AVINASH KUMAR PRASAD @ ABHINASH KUMAR PRASAD Son of Haresh Prasad Sahni Resident of Village - Sadhu chowk Sreya (Ward No. 3), P.S. - Gopalganj, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Pratik Mr.Sanjay Kumar Pandey No.5, Advocates.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2020 Heard Mr. Setu Pratik, learned counsel for the petitioner and Mr. Kalyan Shankar, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Kuchaikote PS Case No. 207/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

3. The allegation against the petitioner as per First Information Report is that the police intercepted motorcycle of the petitioner and recovered 45.5 litres of illicit liquor from the same.

4. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedents and has falsely been implicated in this case. Learned counsel further submits

Patna High Court CR. MISC. No.23993 of 2020(2) dt.18-09-2020 2/2 that the petitioner is not the owner of the motorcycle in question and the same is owned by relative of the petitioner. Petitioner is in custody since 09.06.2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 09.06.2020 having no criminal antecedents, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, AVINASH KUMAR PRASAD @ ABHINASH KUMAR PRASAD be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Kuchaikote PS Case No. 207/2020

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

(Anil Kumar Sinha, J) perwez U T