Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42867 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== AMRESH KUMAR S/o Ram Naresh Rai Resident of Village- Salempur, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 427 litres of liquor was recovered from a temporary hut belonging to the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has no concern either with the seized liquor or with the alleged place of recovery i.e temporary hut. The cause of his false implication is his antecedents under the Bihar Prohibition and Excise Act, 2016, details of which have been given in paragraph no. 3 of the petition. The petitioner is in custody since 4.2.2021 and charge sheet has been submitted in

Patna High Court CR. MISC. No.42867 of 2021(3) dt.28-03-2022 2/2 the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Vaishali P.S. case no. 6 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II-cum-Excise Court, Vaishali.

(Partha Sarthy, J) Prakash/- U