Md. Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40093 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- PARIHAR District- Sitamarhi ====================================================== MD. GULAB S/o Abdul Rahim Resident of Village- Sutihara Tola, P.S.- Parihar, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr. A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Parihar Police Station Case No. 47 of 2020, registered for the offence punishable under Sections 30 (a) (c) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police, on the basis of secret information that Binod Rai and Sunil Rai have brought a consignment of liquor, proceeded towards the place of occurrence and from one scorpio vehicle standing near the house of Binod Rai and Sunil Rai, a total quantity of 295.5 litres of illicit liquor was recovered and from the houses of Binod Rai and Sunil Rail, the police also recovered 2.16 litres and 18 litres of illcit liquor respectively.

Patna High Court CR. MISC. No.40093 of 2020(2) dt.10-02-2021 2/2 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as the petitioner is not the owner of the scorpio vehicle in question and he has got no criminal antecedent. He next submits that the petitioner is in custody since 10.07.2020.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 10.07.2020 and he is not the owner of the scorpio vehicle, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Sitamarhi, in connection with Parihar Police Station Case No. 47 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √