Piyush Kumar @ Piyush Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41617 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== PIYUSH KUMAR @ PIYUSH SINGH Son of Ravindra Singh Resident of Village- Sonenagar (Kesopur), P.S.- Barun, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== 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 G.R.No. 488/2021 arising out of Jamhor P.S. Case No. 46/2021, registered for the offence punishable under Sections 420, 120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 1950 liters of illicit liquor from near the temple situated at Bhojpuriya Bigha.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.41617 of 2021(2) dt.15-12-2021 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 4.4.2021. The learned counsel for the petitioner has further submitted that the illicit liquor has neither been recovered from the conscious possession of the petitioner nor from his premises.

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 fact that the illicit liquor has neither been recovered from the conscious possession of the petitioner nor from his house and moreover, the petitioner is languishing in custody since 4.4.2021, 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

Patna High Court CR. MISC. No.41617 of 2021(2) dt.15-12-2021 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IICum-Special Judge (Excise), Aurangabad in connection with Jamhor P.S. Case No. 46/2021. (Mohit Kumar Shah, J) Ajay/- U T