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Patna High CourtCR. MISC./39282/2021bail granted

Hanuman Kumar v. The State Of Bihar

2021-12-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39282 of 2021 Arising Out of PS. Case No.-373 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== HANUMAN KUMAR Son of Shyam Bihari Kushwaha R/o village - Dumariya, P.S.- Chainpur, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard.

The petitioner seeks regular bail in connection with Excise Case No. 991 of 2020 arising out of Chainpur P.S. Case No. 373 of 2020 for the offence punishable under Sections 30(a) & 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 15 liters of illicit liquor from an area situated near the billock. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 01.01.2021.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the

Patna High Court CR. MISC. No.39282 of 2021(2) dt.14-12-2021 2/2 petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd -cumSpecial Judge, Kaimur at Bhabhua in connection with Excise Case No. 991 of 2020 arising out of Chainpur P.S. Case No. 373 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T