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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6749 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== BINOD KUMAR @ BINOD KUMAR YADAV Son of Late Raghunath Ray Resident of Village - Senduari Gajsingh, P.S. - Motipur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-05-2021 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. 198 of 2020 registered under sections 30(a) and 41(1) & (2) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret information having been received a raid was conducted on the house of one Rajesh Kumar. It is stated that on seeing the police personnel four accused persons escaped. The petitioner was identified as one of the four who managed to escape. It is further stated that on search 486 litres of IMFL was recovered from the house of Rajesh Kumar.

It is submitted by learned counsel for the petitioner that the allegations as levelled against the petitioner in the FIR are false and concocted. He has neither any concern with the accused Rajesh Kumar nor with the illegally seized liquor. He

Patna High Court CR. MISC. No.6749 of 2021(2) dt.24-05-2021 2/2 has no criminal antecedent and is in custody since 19.10.2020. Charge sheet has been submitted in the case.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent, 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. 198 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 Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U