Patna High CourtCR. MISC./32615/2020bail granted

Raja Kumar v. The State Of Bihar

2021-02-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32615 of 2020 Arising Out of PS. Case No.-79 Year-2020 Thana- PAKRIDAYAL District- East Champaran ====================================================== Raja Kumar, male, aged about 42 years, Son of Birendra Singh, resident of village- Parsa Parsaini, P.S.- Pakridayal, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2021 Heard Mr. Sharad Kumar Verma, learned counsel for the petitioner and Mr. Ajay Kumar Jha, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Pakridayal P.S. Case No. 79 of 2020, dated 08.04.2020, instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. From the F.I.R., it appears that the petitioner has been named as son of one Birendra Singh. He is alleged to be guarding a house from where 88.300 litres of liquor has been recovered.

Patna High Court CR. MISC. No.32615 of 2020(2) dt.20-02-2021 2/2 It has been submitted on behalf of the petitioner that the recovery is not from his house or from his possession. It has further been submitted that the petitioner has wrongly been named in the F.I.R. at the instance of the local villagers who have identified him as son of coaccused/Birendra Singh. The petitioner does not have criminal antecedents. Considering the aforesaid aspects of the matter, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, East Champaran, Motihari in connection with Pakridayal P.S. Case No. 79 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T