Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39951 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== PRINCE KUMAR Son of Balchand Resident of Village - Fatehpur, P.S.- Akbarpur, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard.

The petitioner seeks regular bail in connection with Akbarpur P.S. Case No. 84 of 2021 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 111 liters of illicit liquor from near a transformer, situated near the reservoir in question.

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 6.4.2021. The learned counsel for the petitioner has further submitted that the place from where the illicit liquor has been recovered does not belong to the petitioner.

Per contra, the learned APP appearing for the

Patna High Court CR. MISC. No.39951 of 2021(2) dt.14-12-2021 2/2 State has vehemently opposed the prayer for regular bail, made by the 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 fact that the illicit liquor has not been recovered from the conscious possession of the petitioner or from his house, 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 bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II-cum- Special Judge, Nawada in connection with Akbarpur P.S. Case No. 84 of 2021.

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