Patna High CourtCR. MISC./56822/2021bail granted

Ambe Kumar v. The State Of Bihar

2022-01-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56822 of 2021 Arising Out of PS. Case No.-418 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== AMBE KUMAR S/O LATE SHIVJI SAH R/o village- Saura, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr. Anand Mohan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 418 of 2021, instituted for the offences under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 36 of the Bihar Prohibition and Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner is in custody since 28.06.2021, he is a person with clean antecedent, charge-sheet has been submitted in this case and allegation is of recovery of 88.85 litres of liquor and 100 litres of Bear from the house of Deepak Kumar Thakur and Ambe Kumar was also found in the said house.

The learned counsel for the petitioner submits that admittedly recovery is not made from the house of this

Patna High Court CR. MISC. No.56822 of 2021(2) dt.07-01-2022 2/2 petitioner and he came to be implicated merely because of his presence in the house of Deepak Kumar Thakur. Learned A.P.P. opposes the bail application.

Considering the fact that petitioner is in custody since 28.06.2021, he is a person with clean antecedent, charge-sheet has been submitted, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.1,000/- (One Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 418 of 2021.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T