Patna High CourtCR. MISC./38759/2020allowed

Alok Kumar v. The State Of Bihar

2021-02-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38759 of 2020 Arising Out of PS. Case No.-308 Year-2016 Thana- KUDHNI District- Muzaffarpur ====================================================== Alok Kumar, Age-34 Years, Gender-Male, Son of Lala Singh @ Vinod Singh Resident of Village- Mohanpur, P.S. Kudhani, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Jagjit Roshan, Advocate For the Opposite Party :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Kudhni P.S. Case No.308 of 2016, for the offence under Sections 272, 273, 290 and 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case total 2124 litres of foreign liquor was seized from the truck.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been named in this case at a belated stage only on suspicion. Learned counsel further submits that the petitioner is neither owner of the truck nor he is owner of the seized liquor. Learned counsel submits that nothing was recovered from conscious possession of this petitioner and

Patna High Court CR. MISC. No.38759 of 2020(2) dt.09-02-2021 2/2 only on suspicion he has been roped in in the present case. Petitioner is in custody since 31.07.2020.

Considering the submission that nothing was recovered from conscious possession of the petitioner and he is in custody since 31.07.2020, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.1,00,000/- in cash. On depositing the amount of Rs.1,00,000/-, petitioner, above-named, shall be released on bail on furnishing bail bond of Rs.1,00,000/- (Rupees one lakh) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Muzaffarpur in connection with Kudhni P.S. Case No.308 of 2016.

Deposit of Rs.1.00,000/- (Rupees one lakh) shall abide by final outcome of Kudhni P.S. Case No.308 of 2016. (Anil Kumar Upadhyay, J) BT/- U T