Dilip Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59473 of 2021 Arising Out of PS. Case No.-116 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== DILIP BHAGAT S/o Basudeo Bhagat, Resident of Village- Shital Semra, P.S.- Baruraj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Anjana, Advocate For the Opposite Party/s :

Mr.Nityanand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2022 At the outset, the learned counsel for the petitioner seeks to make certain correction in the cause title. The same is permitted to be done during the course of the day. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Baruraj P.S. Case No. 116 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The allegation is regarding recovery of 57 litres of illicit liquor from the house of the petitioner. 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

Patna High Court CR. MISC. No.59473 of 2021(2) dt.29-03-2022 2/2 in custody since 31.08.2021. The learned counsel for the petitioner has submitted that the petitioner is co-owner of the house in question inasmuch as the same belongs to the petitioner as well as his other family members.

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 period of incarceration of the petitioner herein, 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 Act, Muzaffarpur in connection with Baruraj P.S. Case No. 116 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T