Subhash Kumar Alias Subhash Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6769 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- ANDHRAMATH District- Madhubani ==================================================== SUBHASH KUMAR ALIAS SUBHASH KUMAR RAM Son of Bhola Ram Resident of Village- Morlee, P.S.-Kishunpur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Ms. Asha Devi, APP ==================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-05-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of bail in connection with Andhramath P.S. Case no. 139 of 2020 registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the first information report, 180 litres of illicit liquor was recovered from the tempo being driven by this petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person or possession of the petitioner. He has been falsely implicated in the case. He has no concern either with the tempo nor with the seized article. He has no criminal antecedent and is in custody since 6.11.2020. Chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.6769 of 2021(2) dt.24-05-2021 2/2 The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Andhramath P.S. Case no. 139 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 Additional Sessions Judge II - cum - Special Judge, Excise Act, Madhubani. (Partha Sarthy, J) Sdp/- U T