Varun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37976 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== VARUN KUMAR Son of Girdhari Prasad Singh Resident of VillageGodargama, P.S.-Matihani, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr. B.K. Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Matihani P.S. Case No. 11 of 2020 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

The allegation is regarding recovery of 702 litres of illicit liquor from the orchard of the brother of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 11.07.2020. The learned counsel for the petitioner has further submitted that as far as the petitioner is concerned, no recovery of illicit liquor has been made from the

Patna High Court CR. MISC. No.37976 of 2020(2) dt.05-02-2021 2/2 conscious possession of the petitioner and the orchard from where the illicit liquor has been recovered also does not belong to the petitioner.

Per contra, the learned counsel 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 considering the fact that the orchard from where the illicit liquor has been recovered, does not belong to the petitioner and moreover he is having a clean antecedent, 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 Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Begusarai in connection with Matihani P.S. Case No. 11 of 2020.

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