Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39424 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== ABHIMANYU KUMAR Son of Late Bijender Mehta @ Vijendra Mehta Resident of Village- Madhuban, Ward No.04, P.S.- Udakishungunj, DistrictMadhepra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Udakisunganj P.S. Case No. 62/2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 358.875 liters of illicit liquor from a Bolero pick-up van and the petitioner is stated to be the owner of the vehicle in question, which was standing in front of the house of the petitioner.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.39424 of 2021(2) dt.15-12-2021 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 8.4.2021. The learned counsel for the petitioner has further submitted that at the relevant time, the petitioner had gone to Purnea in connection with the treatment of his mother and behind his back, the illicit liquor has been planted in order to implicate the petitioner. Per contra, the learned APP 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 on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.39424 of 2021(2) dt.15-12-2021 3/3 two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IIcum-Special Judge (Excise), Madhepura in connection with Udakisunganj P.S. Case No. 62/2021.

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