Govind Kumar @ Govinda @ Govind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39026 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Govind Kumar @ Govinda @ Govind S/O Shambhu Ray Resident Of Village- Daniyalpur Pokhar, Ward No.5, P.S-Teghra, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Adv.

For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 A supplementary affidavit is being filed on behalf of the petitioner. Let the same be taken on record. Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 414 and 120B of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on receiving information about liquor being smuggled on a Bolero vehicle, it is stated that the same was stopped for checking. A total of 302.37 litres of liquor is stated to have been recovered. Two of the accused persons managed to escape while two were caught. It is stated that the petitioner managed to escape and his name was disclosed by the accused persons who were caught.

Patna High Court CR. MISC. No.39026 of 2021(2) dt.21-12-2021 2/2 It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has been falsely implicated in the case. The petitioner is in custody since 4.3.2021 and has no criminal antecedent under the Bihar Prohibition and Excise Act, 2016. It is further submitted that a supplementary affidavit has been filed stating therein that the mother-in-law of the petitioner expired on 18.12.2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner not having any criminal antecedent, being in custody since 4.3.2021 and chargesheet having been submitted, the Court directs the petitioner to be enlarged on bail in connection with Teghra P.S. Case no. 193 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) Bibhash U