Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50531 of 2021 Arising Out of PS. Case No.-173 Year-2021 Thana- BUXAR District- Buxar ====================================================== MONU KUMAR Son of Late Ram Ladu Singh Resident of VillageKoirpurwa, P.S.- Buxar (T), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2022 Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Surendra Kumar, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Buxar (T) PS Case No. 173/2021 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act. On the basis of secret information, the police raided at Koirparwa Mohalla at Buxar and upon seeing the police party one person fled away. Local people disclosed his name as Monu Kumar, i.e., the petitioner. 18.75 litres of illicit liquor was recovered from the lane.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of disclosure of his name by the local residents and he has not committed any offence in the manner alleged. He further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises

Patna High Court CR. MISC. No.50531 of 2021(3) dt.09-05-2022 2/2 belonging to him inasmuch as the illicit liquor has been recovered from a lane which is an open space accessible to all and sundry. Petitioner is in custody since 27.06.2021, chargesheet has been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 27.06.

2021, chargesheet has been submitted in the matter, there is no likelihood that the petitioner will abscond or tamper with the evidences and no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, MONU KUMAR be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge, Excise, Buxar in connection with Buxar (T) PS Case No. 173/2021.

(Anil Kumar Sinha, J) perwez U T