Bipin Kumar @ Bipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45551 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== BIPIN KUMAR @ BIPUL KUMAR S/o SHYAM KUMAR R/o VILLAGEPITHAULI, P.S-TEGHRA, DISTRICT-BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-01-2022 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 section 120B of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on receiving confidential information about storage of liquor near the house of the petitioner, a raid was conducted, the petitioner was caught and about 351 litres of IMFL was recovered from a hut near the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or his house. He has no concern either with the seized liquor nor with the hut in question. The alleged place of

Patna High Court CR. MISC. No.45551 of 2021(2) dt.29-01-2022 2/2 recovery is an open area accessible to all. The petitioner is in custody since 11.5.2021 and has no antecedent under the Bihar Prohibition and Excise Act, 2016. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Teghra P.S. Case no. 155 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 Addl. Sessions Judge II-cumSpecial Judge, Excise Act, Begusarai. (Partha Sarthy, J) Spd/- U T