Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5272 of 2021 Arising Out of PS. Case No.-111 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Amarjeet Kumar S/O Awadh Ram @ Awadhesh Ram R/O Village-Pothmapar, P.S-Barh, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Special Case no. 6776 of 2019 arising out of Rail Bakhtiyarpur P.S. Case no. 111 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, while two accused persons managed to escape, two were caught and illicit liquor was recovered.

It is submitted by learned counsel for the petitioner that the name of the petitioner, as per the FIR, transpired in the confessional statement of co-accused made before police as

Patna High Court CR. MISC. No.5272 of 2021(2) dt.25-03-2021 2/2 being one of the two persons who had managed to escape. No incriminating material was recovered from the possession of the petitioner, however as per the seizure list, 17 litres approx of liquor is shown as having been abandoned by the petitioner. The petitioner is in custody since 24.9.2020, charge sheet has been submitted in the case and he has no criminal antecedent. The application for bail is opposed by learned APP for the State. .

Having heard learned counsel for the parties and taking into consideration the period in custody together with charge sheet having been submitted in the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Case no. 6776 of 2019 arising out of Rail Bakhtiyarpur P.S. Case no. 111 of 2019 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 Special Judge, Excise, Patna. (Partha Sarthy, J) Prakash/- U