Omkar Kumar @ Raushan Kumar @ Onkar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60118 of 2021 Arising Out of PS. Case No.-621 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== OMKAR KUMAR @ RAUSHAN KUMAR @ ONKAR KUMAR S/o Naresh Prasad Sah R/o Village- Bhadas (South), P.S.- Mayasil, Distt. Khagaria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shri Prakash Tiwari, Advocate For the Opposite Party/s :
Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No. 621 of 2020 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The allegation is regarding recovery of huge quantity of illicit liquor from a truck.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 15.06.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 6 of the present petition that the petitioner is neither the owner of the truck in question nor the seized illicit liquor has been recovered from his conscious
Patna High Court CR. MISC. No.60118 of 2021(2) dt.16-12-2021 2/2 possession. It has been also submitted by the learned counsel for the petitioner that the name of the petitioner has subsequently come during the course of investigation after eight months of lodging of the FIR and he has been merely roped in the present case on suspicion.
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 fact that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor the petitioner is owner of the truck in question, 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), Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 621 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T