Deonath Prasad @ Devnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43862 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- ROSHANGANJ District- Gaya ====================================================== DEONATH PRASAD @ DEVNATH KUMAR S/o Late Kuldip Mahto R/o village and P.S.- Banke Bazar, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-04-2022 Heard Mr. Manish Kumar No2, learned counsel for the petitioner and Mr. Md. Matloob Rab, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Raushanganj (Banke Bazar) PS Case No. 91/2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2016.

46.5 litres of illicit liquor has been recovered from the house of the petitioner along with two cars standing in front of his house. The keys of the said cars were kept on his table. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He further submits that the police raided the house of the petitioner on the basis of secret information and at the time of raid, the petitioner was not present in his house. According to

Patna High Court CR. MISC. No.43862 of 2021(3) dt.26-04-2022 2/2 the FIR, five persons were seen fleeing away from the aforesaid house. It is also submitted that the house from-where illicit liquor has been recovered is a joint family property and other family members also reside there. Petitioner is in custody since 09.06.2021 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 petitioner is in custody since 09.06.2021, the charge-sheet has been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, DEONATH PRASAD @ DEVNATH KUMAR 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 learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gaya in connection with Raushanganj (Banke Bazar) PS Case No. 91/2020.

(Anil Kumar Sinha, J) perwez U T