Ramashankar @ Ramashankar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54010 of 2021 Arising Out of PS. Case No.-267 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

RAMASHANKAR @ RAMASHANKAR THAKUR Son of Umeshwar @ Umesh Thakur Resident of Village- Kishanpur, Tabhka, P.S.- Bibhutipur, District- Samastipur.

2.

Kanhaiya Kumar Thakur @ Raju Thakur Son of Ramashankar @ Ramashankar Thakur Resident of Village- Kishanpur, Tabhka, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners seek regular bail in connection with Bibhutipur/Vibhutipur P.S. Case No. 267/2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the First Information Report, a total quantity of 919.215 litres of illicit liquor has allegedly been recovered from the house of the petitioner.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.54010 of 2021(2) dt.13-05-2022 2/2 petitioners have got no criminal antecedents and they have falsely been implicated in this case without any basis. He next submits that from perusal of the seizure list it would be evident that the illicit liquor has been recovered from a shed situated inside the house which is an open space and is accessible by other family members also. The petitioners are in custody since 1.7.2021 and charge sheet has already been submitted. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioners have got no criminal antecedents, they are in custody since 1.7.2021, charge sheet has already been submitted and there is no likelihood that the petitioners will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Samastipur or Successor Court, Samastipur, in connection with Bibhutipur/Vibhutipur P.S. Case No. 267/2020. (Anil Kumar Sinha, J) S.Ali/- U T