Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7795 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== NISHANT KUMAR SON OF RAM BILASH MAHTO RESIDENT OF VILLAGE- KHANJAHAPUR, P.S.- CHERIABARIYARPUR, DISTRICTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Cheria Bariyarpur Police Station Case No. 162 of 2020, disclosing offence under 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 vehicle of the petitioner and recovered 29 litres of illicit country-made Mahua liquor, kept in a plastic gallon.

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

Patna High Court CR. MISC. No.7795 of 2021(2) dt.15-04-2021 2/2 and he has falsely been implicated in this case. He next submits that the procedure prescribed for search and seizure under the Act as well as under Section 100 of the Code of Criminal Procedure, 1973 have not been followed. He next submits that the petitioner is in custody since 22.08.2020, having no criminal antecedent and charge sheet has already been submitted against the petitioner, as such there is no likelihood that the petitioner will abscond or tamper with the evidence. .

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 22.08.2020, having no criminal antecedent and charge sheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on 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), Begusarai, in connection with Cheria Bariyarpur Police Station Case No. 162 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √