Umesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30264 of 2020 Arising Out of PS. Case No.-232 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== UMESH BHAGAT S/o Gariba Bhagat R/o Vill.-Manpur, P.S.-Ara Mufassil, Distt.-Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Rajesh Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Excise Case No. 1007 of 2020 arising out of Ara Mufassil P.S. Case No. 232 of 2020, registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.30264 of 2020(2) dt.24-11-2020 2/3 The allegation is regarding recovery of 66 liters of illicit country made liquor from the motorcycle of the petitioner herein.

The learned counsel for the petitioner has 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 31.07.2020.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account 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 two sureties of the like amount each to the satisfaction of learned 4th Additional District and Session Judge cum Special Judge Excise Act,

Patna High Court CR. MISC. No.30264 of 2020(2) dt.24-11-2020 3/3 Bhojpur at Ara in connection with Sahapur P.S. Case No. 232 of 2020, Excise Case No. 1007 of 2020.

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