Patna High CourtCR. MISC./35287/2020bail granted

Pintu Kumar @ Pintu Kumar Rai v. The State Of Bihar

2020-12-21Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35287 of 2020 Arising Out of PS. Case No.-94 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== Pintu Kumar @ Pintu Kumar Rai aged about 25 years, Male, Son of Binda Rai, R/O Village-Babu Bishunpur, PS -Yadopur, Distt-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2020 Heard Mr. Ranjeet Kumar Pandey, learned counsel for the petitioner and Mr. Matloob Rab, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Yadopur PS Case No. 94/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.

3. The allegation, as per First Information Report, is that the police intercepted a motorcycle and recovered total quantity of 46.200 litres of illicit liquor from the same and arrested one accused persons, namely, Raj Kumar Pandey and the petitioner was, allegedly, escorting the said motorcycle from where the recovery of illicit liquor was made.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and no illicit liquor has been recovered from the conscious possession of the petitioner or from the vehicle belonging to him. Learned counsel,

Patna High Court CR. MISC. No.35287 of 2020(2) dt.21-12-2020 2/2 referring to para-10 of the instant petition, submits that petitioner is neither the owner of the seized motorcycle nor he has got any concern with the recovered liquor. It is further submitted that the petitioner is in custody since 03.08.2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and he is in custody since 03.08.2020, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, PINTU KUMAR @ PINTU KUMAR RAI be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Yadopur PS Case No. 94/2020.

7. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) perwez U T