Patna High CourtCR. MISC./49231/2021bail granted

Happy Kumar v. The State Of Bihar

2022-02-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49231 of 2021 Arising Out of PS. Case No.-300 Year-2021 Thana- BAGHA District- West Champaran ====================================================== HAPPY KUMAR S/o Kamalkishor Sah Resident of Village- Basghat Parsauni, P.S.- Bagha (Bhairoganj), District- West Champaran, presently residing at Village- Mehura, Kadamwa Tola, P.S.- bagaha (Bhairoganj), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 34(b) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 1.62 litres of liquor, two packets of salmon tablets and chemicals used for preparation of liquor is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's possession who is in custody since 11.6.2021 and has no criminal antecedent. Charge sheet has been submitted in the

Patna High Court CR. MISC. No.49231 of 2021(2) dt.21-02-2022 2/2 case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Bagha (Bhairoganj) P.S. Case no. 300 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, Bettiah, West Champaran.

(Partha Sarthy, J) Prakash/- U