Bajrangi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40367 of 2020 Arising Out of PS. Case No.-504 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== BAJRANGI KUMAR Son of Ramkaran Sahni Resident of Village - Sikandarpur, Kundal, Bandh Road, Ward No.12, P.S.- Town, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Muzaffarpur Town Police Station Case No. 504 of 2020, registered for the offences punishable under Sections 272/273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police intercepted the bicycle of the petitioner and recovered 40 litres of illicit country-made liquor from a gallon kept in the said bicycle.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.40367 of 2020(2) dt.26-03-2021 2/2 and has falsely been implicated in this case with oblique motive. He further submits that the petitioner has got no criminal antecedent. He next submits that the petitioner is in custody since 5.08.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

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 25.08.2020, having no criminal antecedent and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

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 Special Judge, Excise, Muzaffarpur, in connection with Muzaffarpur Town Police Station Case No. 504 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √