Patna High CourtCR. MISC./37314/2020bail granted

Binod Kumar Alias Binod Prasad Alias Binod Kumar Ray v. The State Of Bihar

2021-02-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37314 of 2020 Arising Out of PS. Case No.-165 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== BINOD KUMAR ALIAS BINOD PRASAD ALIAS BINOD KUMAR RAY SON OF CHANDRIKA RAY ALIAS DWARIKA SAW RESIDENT OF RAJEEV NAGAR, ROAD NO. 15, P.S. RAJEEV NAGAR, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Patliputra P.S. Case No. 165 of 2020, Special Case No. 3223 of 2020 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 10.98 litres of illicit country made liquor from the iron hut of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 11.05.2020. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.37314 of 2020(2) dt.02-02-2021 2/2 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 materials on record as as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Patliputra P.S. Case No. 165 of 2020, Special Case No. 3223 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T