Gunjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.664 of 2021 Arising Out of PS. Case No.-180 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== GUNJESH KUMAR, Son of Shreelal Yadav @ Srilal Yadav Resident of Village - Baisa, P.S.- Maraiya (Parbatta), Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-03-2021 Heard Mr. Binod Kumar, learned Counsel for the petitioner and Mr. Umesh Lal Verma, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Parbatta (Maraiya) Police Station Case No. 180 of 2019, G.R. No.1383 of 2019, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation, as per the First Information Report is that police on the basis of secret information proceeded towards the house of co-accused, Sri Lal Yadav and upon seeing the police party, co-accused, Sri Lal Yadav and the petitioner succeeded in fleeing away from the place of occurrence. However, the police recovered a total quantity of 51.75 litres of illicit liquor from the garden of the co-accused, Sri Lal Yadav.

Patna High Court CR. MISC. No.664 of 2021(2) dt.08-03-2021 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. Learned counsel next submits that no illicit liquor has been recovered from the conscious possession of the petitioner and the same has been recovered from the garden of co-accused, Sri Lal Yadav. Learned counsel next submits that the petitioner has got no criminal antecedent of similar nature of offence and he is in custody since 24.09.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 24.09.2020 having no criminal antecedent of similar nature and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Gunjesh Kumar, be released on 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, Khagaria, in

Patna High Court CR. MISC. No.664 of 2021(2) dt.08-03-2021 3/3 connection with Parbatta (Maraiya) Police Station Case No. 180 of 2019, G.R. No.1383 of 2019.

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

(Anil Kumar Sinha, J.) sanjeev/- U T