Amar Chaudhary @ Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34989 of 2020 Arising Out of PS. Case No.-405 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Amar Chaudhary @ Amar Kumar Son of Ganesh Chaudhary @ Ganesh Kumar Chaudhary Resident of Village-Sadatpur, P.S. Kanti, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyotsna Rani Mishra For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, the learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Kanti P.S. Case No. 405 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 23.310 litres of illicit liquor from a scooty stated to that of the petitioner herein.

Patna High Court CR. MISC. No.34989 of 2020(2) dt.22-12-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 19.08.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the petitioner is having a clean antecedent and is languishing in custody since some time, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Kanti P.S. Case No. 405 of 2020. (Mohit Kumar Shah, J) Tiwary/- U T