Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2568 of 2021 Arising Out of PS. Case No.-312 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Sunil Kumar Son of Upendar Mahto @ Upendra Maheto @ Upendra Mahato R/o Village - Bishanpur @ Bishunpur @ Bisahanpur, P.S. - Kanhauli, dist. - sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-03-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mrs. Veena Kumari Jaiswal, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with C2 Case No. 312/2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act. The allegation, as per First Information Report, is that the petitioner was arrested by the SSB personnel with 840 bottles of Nepal Saunfi wine having total quantity of 252 litres from an auto-rickshaw in which petitioner was found sitting.

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 merely on the basis of the fact that he was travelling in the said auto-rickshaw as a passenger. Learned counsel further submits that petitioner has got no criminal antecedent and is in custody since 23.08.2020.

Patna High Court CR. MISC. No.2568 of 2021(2) dt.12-03-2021 2/2 application submits that petitioner is not the owner of the said auto-rickshaw but he was sitting in the auto-rickshaw as a passenger. Learned counsel next submits that the charge-sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 23.08.2020 having no criminal antecedents and charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SUNIL KUMAR 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 ADJ-II-cum-Special Judge, Excise Act, Sitamarhi/the court concerned in connection with C2 Case No. 312/2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T