Parikshan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36132 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- DEODHA District- Madhubani ====================================================== Parikshan Das Son of Late Saukhi Lal Das Resident of village - Khairanath (K), P.S. - Jainagar, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar. The petitioner seeks regular bail in connection with Deodha P.S. Case No. 85 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

The allegation is regarding recovery of 45 liters of illicit liquor from a motorcycle alleged to be belonging to the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.36132 of 2020(2) dt.27-01-2021 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 24.08.2020. The learned counsel for the petitioner, by referring to the paragraph no. 8 of the present petition, has submitted that the petitioner had sold the motorcycle in question on 08.05.2019 itself, as is apparent from Annexure-2 to the present petition.

Per contra, the learned APP for the State has vehemently 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 fact that the petitioner had transferred / sold the motorcycle on 08.05.2019, 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

Patna High Court CR. MISC. No.36132 of 2020(2) dt.27-01-2021 3/3 two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum-Special Judge, Excise Act, Madhubani in connection with Deodha P.S. Case No. 85 of 2019. (Mohit Kumar Shah, J) Ajay/- U T