Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25249 of 2020 Arising Out of PS. Case No.-109 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== UPENDRA KUMAR S/O Sri Vishwanath Ray R/O Village - Bakhri, P.S. Motipur, Distt. - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-09-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Motipur P.S. Case No.109 of 2019 registered under Sections 30(a), 38(1)(2) and 41(1) of Bihar Prohibition and Excise Act.

The informant got information that Amresh Kumar with the help of his brother and the petitioner had kept liquor in his house. The raid was conducted. Amresh Kumar, Sujit Kumar, Rajesh Kumar, Upendra Kumar and Mithu were identified at the time of fleeing away. On search, from the house of Amresh Kumar, 36 litres of liquor was recovered. 36 litres of liquor was recovered from the vehicle parked in front of the house of Amresh Kumar.

The learned counsel for the petitioner submits that Amresh Kumar, Rajesh Kumar and other accused persons have

Patna High Court CR. MISC. No.25249 of 2020(2) dt.28-09-2020 2/2 already been enlarged on bail. Petitioner is in jail since 22.06.2020. Petitioner has already remained in jail for more than three months. The recovery of 36 litres liquor was made from the house of Amresh Kumar and his brother.

Taking into consideration the facts aforesaid, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No.109 of 2019.

(Prabhat Kumar Jha, J) Saurabh/- U T