Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5242 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== AMIT KUMAR S/O ASHOK KUMAR Resident Of Village - Ward No. 6, Jainagar, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Shubham, Advocate For the State :

Ms Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Jaynagar P.S. Case No. 337 of 2020 registered under sections 272, 273, 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., it is stated by the informant that seeing the patrolling party, the accused persons who were on three motorcycles made an attempt to escape, however, the petitioner was caught. Three motorcycles and 48 liters of liquor were recovered.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his

Patna High Court CR. MISC. No.5242 of 2021(3) dt.28-06-2021 2/2 possession. He has been falsely implicated in the case. The petitioner is in custody since 13.9.2020 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Report was called for from the Superintendent of Police, Madhubani. As per the report received, the petitioner has no criminal antecedents.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being in custody for 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Jaynagar P.S. Case no. 337 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani. (Partha Sarthy, J) Prakash/- U T