Arjun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32738 of 2020 Arising Out of PS. Case No.-185 Year-2020 Thana- RAJAPAKAR District- Vaishali ====================================================== ARJUN KUMAR SINGH S/o Harish Singh R/o village- Rajapakar, North Tola, P.S.- Rajapakar, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2020 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Rajapakar P.S. Case No. 185 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation as per the First Information Report is that the Police during course of patrolling duty, intercepted two Motorcycles, upon which, four persons were riding, and recovered a total quantity of 70 litres of country made liquor from one bike on which the petitioner was travelling and from another, 80 litres of country made liquor was recovered. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.32738 of 2020(2) dt.07-12-2020 2/2 petitioner has got no criminal antecedent and the Motorcycle which was intercepted by the Police, does not belong to the petitioner. Learned counsel further submits that no illicit liquor has been recovered from his conscious possession, nor he is owner of the vehicle from which the alleged liquor was recovered. The petitioner is in custody since 10.08.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner has got no criminal antecedent and he is not the owner of the vehicle, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Excise Court, Vaishali, in connection with Rajapakar P.S. Case No. 185 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T