Sunil Kumar @ Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6808 of 2021 Arising Out of PS. Case No.-76 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== SUNIL KUMAR @ SUNIL KUMAR YADAV Son of Sahdeo Rai Resident of Village-Chak Chuhar, P.S.-Motipur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan, Advocate For the Opposite Party/s :

Mr. Binod Kumar III, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-07-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Motipur P.S. Case no. 76 of 2019 registered under sections 353, 120B and 34 of the Indian Penal Code and sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 90 litres of IMFL was recovered from the house of the petitioner and a total of 692.16 litres of IMFL was recovered.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person or house. He has been falsely implicated in the case. He is in custody since 26.8.2020 and has no criminal antecedent. The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody for

Patna High Court CR. MISC. No.6808 of 2021(5) dt.27-07-2021 2/2 more than 11 months and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Motipur P.S. Case no. 76 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, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U