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Patna High CourtCR. MISC./41113/2021bail granted

Rajeev Kumar v. The State Of Bihar

2022-01-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41113 of 2021 Arising Out of PS. Case No.-240 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== RAJEEV KUMAR S/o Late Diplal Rai Resident of Village- Baghi Gopalpur Gopinath, P.S.- Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2022 Heard Mr. Sanjay Kumar @ S.K., learned counsel for the petitioner and Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Excise Case No. 240/2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act 2016. The Excise Officials recovered total quantity of 71.730 litres of illicit liquor from the courtyard of the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of recovery of illicit liquor from the courtyard of joint house of the petitioner in which other family members of the petitioner also

Patna High Court CR. MISC. No.41113 of 2021(2) dt.28-01-2022 2/2 reside.

He next submits that petitioner has got no criminal antecedent and is in custody since 09.06.2021.The charge-sheet has already been submitted in the matter and the trial is no likely to be concluded in near future.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 09.06.2021 having no criminal antecedent, charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, RAJEEV KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Excise Case No. 240/2021.

(Anil Kumar Sinha, J) perwez U T