Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37640 of 2021 Arising Out of PS. Case No.-148 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== ABHISHEK KUMAR Son of Shri Ravindra Kumar Mishra Resident of Village- Mishrauliya, P.S.- Belsar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr.Pravin Kumar, Advocate Mr. Shivam, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 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 Case No. 148/2021 for the offence registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 551.460 litres of illicit liquor from three vehicles.

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 18.03.2021. The learned counsel for the petitioner has further submitted by referring to paragraph-10 of the present petition that the seizure

Patna High Court CR. MISC. No.37640 of 2021(2) dt.14-12-2021 2/2 list would show that the owner of the Scorpio vehicle managed to escape whereafter the petitioner was arrested from the spot. 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 Special Judge, Excise, Muzaffarpur in connection with Excise Case No. 148 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T