Patna High CourtCR. MISC./32628/2020bail granted

Suman Kumar v. The State Of Bihar

2021-02-20Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32628 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- KATRA District- Muzaffarpur ====================================================== Suman Kumar, aged about 22 years, male, S/o Madan Rai, R/o villageDhanaur, P.S.- Katra, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2021 Heard Mr. Arun Kumar, 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 Katra P.S. Case No. 60 of 2020, dated 10.03.2020, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act,

Patna High Court CR. MISC. No.32628 of 2020(2) dt.20-02-2021 2/3 2016.

Two persons including the petitioner are said to have thrown a bag on the road at the time of police patrolling which contained 55.250 litres of liquor. The petitioner and one Bittu Kumar were identified by the local persons.

It has been submitted on behalf of the petitioner that there is nothing in the F.I.R. to indicate as who has identified the petitioner. The petitioner has wrongly been identified by the local persons, who had some axe to grind against him. It has further been submitted that there is no recovery of any excisable item from the petitioner.

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

Patna High Court CR. MISC. No.32628 of 2020(2) dt.20-02-2021 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Katra P.S. Case No. 60 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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