Patna High CourtCR. MISC./2714/2021bail granted

Saroj Kumar v. The State Of Bihar

2021-03-23Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2714 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- MADHWAPUR District- Madhubani ====================================================== SAROJ KUMAR SON OF LALAN SAH RESIDENT OF VILLAGE CHARAUT,( PANCHCHHMI TOL) P.S. -PUPRI, DISTRICT SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr. Suman Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Madhawapur Police Station Case No. 96 of 2020, registered for the offences punishable under Sections 272/273 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 motorcycle of the petitioner and recovered 18 litres of illicit Nepali Saufi liquor from a jute bag kept in the motorcycle.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in this case with oblique motive. He further submits that the petitioner has got no criminal

Patna High Court CR. MISC. No.2714 of 2021(3) dt.23-03-2021 2/2 antecedent. He next submits that the petitioner is in custody since 05.09.2020 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 05.09.2020, 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 2nd Additional Sessions Judge -cum- Special Judge, Excise, Madhubani, in connection with Madhawapur Police Station Case No. 96 of 2020 .

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √