Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42260 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== RAJU KUMAR S/O BRAJESH SINGH R/O VILLAGE-BARAHPUR, P.SMOKAMA, DISTRICT-PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmod Kumar, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2022 The instant case 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 the learned APP for the State, Md. Syed Ehteshamuddin.

The petitioner seeks regular bail in connection with Town P.S. (Lohianagar) Case No. 132/2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.42260 of 2021(2) dt.06-01-2022 2/3 The allegation is regarding recovery of 206.20 liters of illicit liquor from a vehicle, which had been seized by the police.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case and he is languishing in custody since 17.2.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 7 of the present petition that the petitioner is not the owner of the vehicle in question.

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 petitioner has categorically stated that he is not the owner of the vehicle in question and moreover, he is languishing in custody since a long time, I deem it fit and proper to direct for

Patna High Court CR. MISC. No.42260 of 2021(2) dt.06-01-2022 3/3 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 Additional District and Sessions Judge-II-cum-Special Judge Excise, Begusarai in connection with Town P.S.Case No. 132/2021.

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