Patna High Court/6795/2021bail granted

Ritesh Kumar v. The State Of Bihar

2021-08-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6795 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- TARARI District- Bhojpur ====================================================== Ritesh Kumar S/o Rudal Sah R/o Village- Majhiaon P.S.- Hassan Bazar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar no.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-08-2021 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 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on secret information having been received checking of vehicles was started. It is stated that while three accused persons including the petitioner herein managed to escape, about 336.96 litres of liquor was recovered.

It is submitted by learned counsel for the petitioner that neither he was arrested at the spot nor any incriminating article has been recovered from his possession. The reason for his false implication is an antecedent under the Bihar

Patna High Court CR. MISC. No.6795 of 2021(3) dt.02-08-2021 2/2 Prohibition and Excise Act. He is in custody since 28.7.2020. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for over 1 year, this Court directs the petitioner to be enlarged on bail in connection with Excise Case no.54 of 2020 (arising out of Tarari P.S. Case no. 7 of 2020) 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 Additional Sessions Judge-IV, Bhojpur at Ara.

(Partha Sarthy, J) Bibhash U