Shubham @ Aman Kumar @ Kaju @ Shubham Kaju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53181 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== SHUBHAM @ AMAN KUMAR @ KAJU @ SHUBHAM KAJU Son of Shiv Kumar Ray Resident of Village- Daniyalpur, P.S.- Teghra, DistrictBegusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Choudhary For the Opposite Party/s :
Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Teghara P.S.Case no. 235/2020, registered for the offence punishable under Sections 414, 120(B) of the Indian Penal Code and Section 30(a), 41(1)(2) of the Bihar Prohibition and Amendment Excise Act, 2016.
The allegation is regarding recovery of illicit liquor from a Bolero car and the name of the petitioner has transpired in the present case upon the driver of the said car having disclosed that he was going to deliver illicit liquor to the petitioner.
Patna High Court CR. MISC. No.53181 of 2021(2) dt.16-12-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 13.7.2021. The learned counsel for the petitioner has further submitted that the petitioner is neither the owner of the car in question nor he has been arrested from the spot.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is not the owner of the car in question and he is languishing in custody since a long time, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with
Patna High Court CR. MISC. No.53181 of 2021(2) dt.16-12-2021 3/3 two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge Excise, Begusarai in connection with Teghra P.S.Case No. 235/2020.
(Mohit Kumar Shah, J) Ajay/- U T