Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44711 of 2021 Arising Out of PS. Case No.-66 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== SUJEET KUMAR Son of Durganand Yadav Resident of Village- Inarwa, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Shubham, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273, 420, 414, 467, 468 and 34 of the Indian Penal Code and sections 30(a), 36, 41(i) and (ii) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted, 2001 litres of liquor was recovered from the vehicle in question and the driver namely Samitullah was taken into custody.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The name of the petitioner transpired in the statement of the accused

Patna High Court CR. MISC. No.44711 of 2021(2) dt.25-01-2022 2/2 driver namely Samitullah. Neither any incriminating article has been recovered from the petitioner's possession nor has he any concern with the seized liquor or the vehicle in question. He is in custody since 12.7.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Ghoghardiha P.S. Case no.66 of 2021 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 Additional District and Sessions Judge II-cum-Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Saurabh/- U T