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Patna High CourtCR. MISC./42872/2021bail granted

Satrohan Kumar@Satruhan Kumar v. The State Of Bihar

2022-01-07Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42872 of 2021 Arising Out of PS. Case No.-279 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SATROHAN KUMAR@SATRUHAN KUMAR SON OF ARVIND RAM Resident of Village - Panhas, Ward no.26, P.S.- Nagar (Lohiyanagar O.P.), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2022 Heard.

The petitioner seeks regular bail in connection with Begusarai Muffasil P.S. Case No. 279 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 126.36 liters of illicit foreign liquor from a Maruti vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 14.05.2021. The learned counsel for the petitioner by referring to paragraph no. 6 of the present petition has submitted that the vehicle in question does not belong to the petitioner. It is further submitted that no illicit liquor has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.42872 of 2021(2) dt.07-01-2022 2/2 Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the vehicle in question does not belong to the petitioner and the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum- Special Judge, Excise Act, Begusarai in connection with Begusarai Muffasil P.S. Case No. 279 of 2021.

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