Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64024 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- NADI P.S. District- Patna ====================================================== MUNNA KUMAR S/O SRI RAM NARESH RAI R/o village- Jethuli, P.S.- Nadi, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 1478 of 2021 arising out of Nadi P.S. Case No. 33 of 2021 for the offence registered under Sections 420, 467, 468, 471/34 of the Indian Penal Code and Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck and two persons were arrested who are stated to have disclosed the name of the petitioner to be one of their accomplice.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 28.07.2021. The learned counsel for the petitioner has further referred to paragraph no. 9 of the present petition to

Patna High Court CR. MISC. No.64024 of 2021(2) dt.16-12-2021 2/2 submit that the petitioner is having no concern with the alleged occurrence and the owner of the truck in question. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has neither been apprehended from the spot nor any liquor has been recovered from his conscious possession, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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, Patna in connection with Special Case No. 1478 of 2021 arising out of Nadi P.S. Case No. 33 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T