Upadhaya Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2629 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== UPADHAYA MISTRI S/O LATE JAGDEESH CHAUDHARI R/O VILLAGE-BABURBANI, P.S-KOILWAR, DISTRICT-BHOJPUR AT ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-03-2021 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Koilwar P.S. Case No. 398 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The allegation as per the First Information Report is that the Police got secret information that the petitioner along with other co-accused persons are indulged in selling of illicit liquor, proceeded towards the place of occurrence and from the North of the house of the petitioner 139 litres

Patna High Court CR. MISC. No.2629 of 2021(2) dt.16-03-2021 2/3 of illicit country made liquor has been recovered. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedents and he has falsely been implicated in this case by the Police with oblique motive. Learned counsel further submits that no illicit liquor has been recovered either from the conscious possession of the petitioner or the premises belonging to him and he is in custody since 21.09.2020. 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 materials on record, the fact that the petitioner has got no criminal antecedent and he is in custody since 21.09.2020 as well as the charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-4th cum Special Judge, Excise Act, Bhojpur at Ara, in connection

Patna High Court CR. MISC. No.2629 of 2021(2) dt.16-03-2021 3/3 with Koilwar P.S. Case No. 398 of 2020.

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

(Anil Kumar Sinha, J) S.Ali/- U T