Umesh Paharia @ Umesh Pahadiay @ Umesh Pahari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40414 of 2021 Arising Out of PS. Case No.-781 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== UMESH PAHARIA @ UMESH PAHADIAY @ UMESH PAHARI Son of Late Budhan Paharia Resident of Village - Makaspur, Police Station - Kahalgaon, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2022 Heard the parties through video conferencing. Petitioner seeks regular bail in connection with Kahalgaon P.S. Case No. 781 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

08 liters of illicit country made liquor has allegedly been recovered from the courtyard of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive. Learned counsel next submits that illicit liquor has not been recovered from conscious possession of the petitioner but the same has been recovered from the court yard of the house which is jointly owned by other family members of the petitioner. The petitioner is in custody since 14 / 6 / 2021 and trial is not likely to be concluded in near future due to Covid 19 pandemic.

Regard being had to the submissions made by the

Patna High Court CR. MISC. No.40414 of 2021(2) dt.27-01-2022 2/2 parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 14 - 6 - 2021 , charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid -19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise Act), Bhagalpur in connection with Kahalgaon P.S. Case No. 781 of 2020 on the following condition:- (a) that the petitioner shall shall not commit the same offence in future.

(Anil Kumar Sinha, J) praful/- U T