Biru Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40219 of 2020 Arising Out of PS. Case No.-206 Year-2020 Thana- PUNPUN District- Patna ====================================================== BIRU KUMAR S/o LATE ASARFI PASWAN RESIDENT OF SALIMPUR ARHA GALI NO. 3, PS GANDHI MAIDAN, DISTRICT-PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Anand, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2021 Heard Mr. Saket Anand, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned counsel appearing for the State.

Petitioner seeks regular bail in connection with Punpun P.S. Case No. 206 of 2020 registered for the offence punishable under Sections 414 / 34 of the I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation as per the First Information Report is that 02 cars were intercepted by the Police and altogether 07 persons sitting in those cars tried to flee away, however, the Police apprehended one accused person i.e. the petitioner and recovered a total quantity of 211.875 liters of illicit liquor from the two cars.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated in this case by the Police with oblique motive. Learned counsel next submits that the cars in question from where the illicit liquor was recovered do not belong to the

Patna High Court CR. MISC. No.40219 of 2020(3) dt.25-03-2021 2/2 petitioner and the petitioner is not the owner of the cars in question. Learned counsel next submits that petitioner is in custody since 12.09.2020 and charge sheet has already been submitted.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 12.09.2020 having no criminal antecedent and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna / concerned court in connection with Punpun P.S. Case No. 206 of 2020.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

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