Bhunna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56780 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- ROH District- Nawada ====================================================== BHUNNA KUMAR S/o ARJUN SINGH R/o VILLAGE-PACHHIYADIH, P.S-MUFFASIL, DISTRICT-NAWADA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-05-2022 Heard the parties via virtual mode.

Petitioner seeks regular bail in connection with Roh PS Case No. 142 / 2021 registered under Sections 30 (a) of the Bihar Prohibition and Excise Act 2016.

As per the prosecution case police intercepted two vehicles i.e. one white colour Scorpio bearing Registration No. JH12D5875 and another brown colour Tata India bearing Registration No. BR27E4495 and recovered 311.625 liters of illicit liquor. The petitioner was found sitting in the Scorpio vehicle along with one another person.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He next submits that petitioner is neither the owner nor the driver of the vehicle wherefrom recovery has been made

Patna High Court CR. MISC. No.56780 of 2021(2) dt.20-05-2022 2/2 rather he had taken lift in the said vehicle and was not aware about illicit liquor being kept therein. It is further submitted that the petitioner has got no criminal antecedent and he is in custody since 15.07.2021. He next submits that similarly situated co-accused / Chandan Kumar has been granted bail by this Court in Cr. Misc. No. 55031 of 2021.

Regard being had to the submissions made by the parties, taking into consideration the material on record, the fact that petitioner is neither the owner nor the driver of the vehicle, petitioner is having no criminal antecedent, he is in custody since 15.07.2021 and similarly situated co-accused has been granted bail by this court, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000 /- ( twenty thousand ) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge IInd cum Special Judge, Nawada in connection with Roh PS Case No. 142 / 2021.

praful/- (Anil Kumar Sinha, J) U T