Binnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54752 of 2021 Arising Out of PS. Case No.-359 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== BINNU KUMAR SON OF AWADHESH THAKUR R/O VILLAGEGAUNDA, P.S.- SAHEBGANJ, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sahebganj P.S. Case No. 359 of 2020 registered under Sections 272, 273, 120(B) and 414 of the Indian Penal Code and 25(1-b)a and 26 of the Arms Act read with Sections 30(a)(g), 33, 34(B), 35(A), 36 and 41(A)(2) of Bihar Prohibition and Excise Act. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to village party politics. Further submission is that on perusal of seizure list, it would be evident that the recovery of illicit liquor and Arms has been made from the possession of co-accused Mukesh Sahani, Dhiraj Kumar and Ramashankar Kumar. Further he submits that the

Patna High Court CR. MISC. No.54752 of 2021(2) dt.08-04-2022 2/2 name of the petitioner transpired only on the basis of confessional statement of co-accused Mukesh Sahani. Petitioner has no criminal history.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Special Judge, Excise, Muzaffarpur in connection with Sahebganj P.S. Case No. 359 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

utkarsh/- (Arvind Srivastava, J) U T