Tullu @ Rishikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47421 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== TULLU @ RISHIKESH KUMAR S/O SURENDRA SHARMA R/o villageHadaspura, P.S.- Naubatpur, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2022 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 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, it is stated that while the two accused persons including the petitioner herein managed to escape, 99.19 litres of liquor was recovered. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has been falsely implicated in the case because of his antecedent. He is in custody since 29.5.2021 and chargesheet has been submitted in the case. Co-accused of the FIR has been
Patna High Court CR. MISC. No.47421 of 2021(4) dt.09-02-2022 2/2 enlarged on anticipatory bail.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the petitioner not having been arrested at the spot and having remained in custody for more than 8 months, the petitioner is directed to be enlarged on bail in connection with Naubatpur P.S. Case no. 142 of 2021 (Special Case no. 1763 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 Special Judge, Excise, Patna. (Partha Sarthy, J) Spd/- U T