Patna High CourtCR. MISC./51800/2021bail granted

Bineshwar Rikiyasen v. The State Of Bihar

2021-12-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51800 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== Bineshwar Rikiyasen Son Of Foudari Rikiyasen Resident Of VillageNathubigha P S- Salaiya Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 80 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 14.05.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 210 litres of liquor from a gallon

Patna High Court CR. MISC. No.51800 of 2021(2) dt.24-12-2021 2/2 kept on motorcycle on which four accused persons were sitting and three fled away but petitioner was arrested. Learned counsel for the petitioner submits that the petitioner was not knowing what was there in the gallon and as such was sitting on the motorcycle.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 14.05.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Aurangabad in connection with Madanpur P.S. Case No. 80 of 2021.

(Satyavrat Verma, J) Rishi/- U T