Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48056 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== KISHAN KUMAR Son of Dharmendra Bihari @ Dharmendra Sah Resident of Village - Sunderpur, P.S. - University, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narayan Singh For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Harlakhi P.S. Case No. 150 of 2021/ G.R. No. 951 of 2021, registered for the offence punishable under Sections 272/273 of the Indian Penal Code, 34 of the Arms Act and section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The allegation is regarding recovery of 135 liters of illicit liquor from a tempo and the petitioner is stated to be the driver and owner of the said vehicle.

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 he is languishing in custody since 10.6.2021.

Per contra, the learned APP for the State has vehemently

Patna High Court CR. MISC. No.48056 of 2021(2) dt.15-12-2021 2/2 opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. District and Sessions Judge cum Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 150 of 2021/ G.R. No. 951 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T