Sumit Kumar @ Bhujungi @ Sumit Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43798 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== SUMIT KUMAR @ BHUJUNGI @ SUMIT KUMAR BHARTI Son of Surendra Prasad Singh Resident of Village - Manigarhi Manjhaul, P.S.- Cheriyabariyarpur, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Adv.

For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard Mr. Arjun Prasad, learned counsel for the petitioner and Ms. Gulnar Begum, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Cheriabariyapur PS Case No. 18/2021 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

As per First Information Report, the police got secret information that the petitioner along with other co-accused persons have concealed illicit liquor in the orchard of one Devendra Singh, proceeded towards the place of occurrence and recovered 1218.3 litres of foreign liquor from the said orchard. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43798 of 2021(2) dt.04-02-2022 2/3 petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of secret information received by the police. Learned counsel further submits that there is no evidence to connect the petitioner with the present offence and no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him.

Learned counsel next submits that the petitioner is in custody since 15.06.2021 and the charge-sheet has been submitted in the matter.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him, petitioner is in custody since 15.06.2021, the charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, SUMIT KUMAR @ BHUJUNGI @ SUMIT KUMAR BHARTI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.43798 of 2021(2) dt.04-02-2022 3/3 learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Begusarai in connection with Cheriabariyapur PS Case No. 18/2021.

(Anil Kumar Sinha, J) perwez U T