Patna High CourtCR. MISC./52749/2021bail granted

Sudarshan Kumar v. The State Of Bihar

2022-04-29Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52749 of 2021 Arising Out of PS. Case No.-335 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== SUDARSHAN KUMAR Son of Prabhu Narayan Singh Resident of VillageKishunpur, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mrs.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2022 Heard the parties.

Petitioner seeks regular bail in connection with Barachatti PS Case No. 335 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

802.680 liters of illicit foreign liquor has been recovered from the truck owned and driven by the petitioner. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and this is first offence in which the petitioner has been arrested by the police. He denied the allegation made in the FIR and submits at the time of seizure procedures prescribed for search and seizure in the Excise Act as well as Section 100 of the Cr.P.C. have not been followed. The petitioner is in custody since 08/06/2021, charge

Patna High Court CR. MISC. No.52749 of 2021(2) dt.29-04-2022 2/2 sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail.

Regard being had to the submissions made by the parties and taking into consideration the material available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 08-06-2021 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - IInd - cum Special Judge of Excise Act, Gaya in connection with Barachatti PS Case No. 335 of 2021.

(Anil Kumar Sinha, J) praful/- U T