Vaidhnath Kumar @ Baijnath Ray @ Vaijnath Kumar @ Baijanath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47229 of 2024 Arising Out of PS. Case No.-569 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Vaidhnath Kumar @ Baijnath Ray @ Vaijnath Kumar @ Baijanath Kumar, Son of Yaduwansh Roy Vill- Uttari Dhamaun P.S- Shahpur Patori DisttSamastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate.

For the Opposite Party/s :

Mr. Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Shahpur Patori P.S. Case No.569 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 43 litre foreign liquor was recovered from the Alto car and co-accused Dharmendra Kumar Ray was arrested who has disclosed the name of other accused persons including the petitioner who have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to village politics. He further submits that except the

Patna High Court CR. MISC. No.47229 of 2024(2) dt.19-07-2024 2/2 confessional statement of co-accused, there is no material against the petitioner. Learned counsel submits that petitioner has four criminal antecedents, however, in three cases he has been implicated after filing of the present F.I.R. in which he is on bail. He further submits that petitioner is in custody since 09.11.2023 and the charge sheet has already been submitted in this case. Petitioner undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and also considering the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Special Judge (Excise), Samastipur in connection with Shahpur Patori P.S. Case No.569 of 2022.

(Sunil Dutta Mishra, J) Ritik/- U T