Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43387 of 2021 Arising Out of PS. Case No.-182 Year-2021 Thana- DIGHA District- Patna ====================================================== PRAVEEN KUMAR SON OF LATE KAPILDEO THAKUR R/O - BANS KOTHI GATE NO.-93, P.S.- DIGHA, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2022 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, Ms. Anita Kumari Singh.

The petitioner seeks regular bail in connection with Special Case No. 2101 /2021 (arising out of Digha P.S.Case No. 182/2021), registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Patna High Court CR. MISC. No.43387 of 2021(2) dt.15-02-2022 2/3 The allegation is regarding recovery of 63.250 liters of illicit country made liquor from a motorcycle, which was being driven by the petitioner and one co-accused person, namely, Prahlad Sao, was sitting on the back seat of the said motorcycle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 18.03.2021. The learned counsel for the petitioner has further submitted that the illicit liquor has been recovered from the pillion rider and not from the petitioner.

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 period of incarceration of the petitioner herein, I

Patna High Court CR. MISC. No.43387 of 2021(2) dt.15-02-2022 3/3 deem it fit and proper to direct for 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 Special Judge Excise, Patna in connection with Special Case No. 2101/2021 (arising out of Digha P.S. Case No. 182/2021). (Mohit Kumar Shah, J) Ajay/- U T