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Patna High CourtCR. MISC./49950/2021bail granted

Sujay Kumar v. The State Of Bihar

2022-03-25Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49950 of 2021 Arising Out of PS. Case No.-629 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== SUJAY KUMAR Son of Late Ram Varan Bhagat @ Ram Varan Prasad @ Ram Baran Kushwaha Resident of Village- Tengrari, P.S.- Siwaipatti, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2022 Heard Ms. Bela Singh, learned counsel for the petitioner and Ms. Sangeeta Sharma, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Minapur PS Case No. 629/2019 registered for the offence punishable under Sections 272, 273, 420, 120B, 414 of the IPC and Sections 30(a), 41 of Bihar Prohibition & Excise Act 2018. The police on the basis of information that illicit liquor was being unloaded from a truck upon the pickup van, proceeded towards the place of occurrence and recovered 673.920 litres of illicit liquors from the pickup van of the petitioner and from other vehicles including truck having total quantity 2157.12 litres.

Patna High Court CR. MISC. No.49950 of 2021(2) dt.25-03-2022 2/3 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent of similar nature and he happens to be owner of the pick-up van. She further submits that petitioner plies his vehicle on hire basis. However, coaccused persons, from whose pickup van illicit liquor was also recovered, have been granted bail by Co-ordinate Benches of this Court vide Cr. Misc. Nos. 9277/2020, 22084/2020, 5639/2021. She next submits that the petitioner is in custody since 28.06.2021. Petitioner being the owner was not aware about the illicit liquor being loaded by the driver. Charge-sheet has been submitted and there is no likelihood that petitioner will abscond or will tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 28.06.2021, co-accused persons, from whose pickup van illicit liquor was recovered, have been granted bail by Co-ordinate Benches of this Court, charge-sheet has been submitted and there is no likelihood that petitioner will abscond or will tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SUJAY KUMAR be

Patna High Court CR. MISC. No.49950 of 2021(2) dt.25-03-2022 3/3 released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Minapur PS Case No. 629/2019. (Anil Kumar Sinha, J) perwez U T