Govinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50521 of 2021 Arising Out of PS. Case No.-266 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== GOVINDA KUMAR S/O PUKAR SAH R/o village- Afaur, P.S.- Khaira, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2022 Heard Mr. Radha Mohan Singh, learned counsel for the petitioner and Mr. Kalyan Shankar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Rivilganj P.S. Case No. 266 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the Police got information that one Gajendra Singh along with his associate was loading illicit liquor on a boat, proceeded towards the place of occurrence and upon seeing the Police party the petitioner started fleeing away.

Patna High Court CR. MISC. No.50521 of 2021(2) dt.01-04-2022 2/3 However, the petitioner was arrested by the Police and a total quantity of 1296 litres of illicit foreign liquor was recovered from the boat.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case by the Police while he was standing near the river. He further submits that the boat from where the illicit liquor was recovered does not belong to the petitioner and no illicit liquor has been recovered from his conscious possession. Petitioner is in custody since 21.07.2021 and charge sheet has already been submitted. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 21.07.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the

Patna High Court CR. MISC. No.50521 of 2021(2) dt.01-04-2022 3/3 like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge (Excise), Saran at Chapra, in connection with Rivilganj P.S. Case No. 266 of 2021.

(Anil Kumar Sinha, J) S.Ali/- U T