Bhushan Kumar @ Bhushan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38022 of 2021 Arising Out of PS. Case No.-650 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== BHUSHAN KUMAR @ BHUSHAN BHAGAT Son of Udaychandra Bhagat @ Uday Bhagat @ Unday Narayan Bhagat Resident of Village- Banjari, P.S. and Dsitrict- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Sanjana, Advocate Mrs. Setu Prateek, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Gopalganj (Town) P.S. Case No. 650 of 2020 registered for the offence under Sections 30(a), 41 (1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

279 liters of illicit country made liquor has allegedly been recovered beside the house of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive and from perusal of the seizure list it would be evident that illicit liquor has been recovered from an open land situated

Patna High Court CR. MISC. No.38022 of 2021(2) dt.07-01-2022 2/2 beside the house of the petitioner and not from the conscious possession or the premises belonging to him, the petitioner is in custody since 19/03/2021 having no criminal antecedent. Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, illicit liquor has not been recovered from his conscious possession or the premises belonging to him, he is in custody 19.03.2021 having no criminal antecedent and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd cum Special Judge Excise Act, Gopalganj in connection with Gopalganj (Town) P.S. Case No. 650 of 2020.

(Anil Kumar Sinha, J) praful/- U T