Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60287 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- GURUA District- Gaya ====================================================== Banti Kumar Son Of Lalit Sao @ Lalit Kumar Resident Of Village - Chandi Asthan, P.S.- Amas, District - Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Gurua P. S. Case No.74 of 2021, instituted for the offences under Section 353 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is in custody since 21.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 600 litre of country-made liquor along with 5000 kg. of Jawa Mahua.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot and he came to be

Patna High Court CR. MISC. No.60287 of 2021(2) dt.13-01-2022 2/2 falsely implicated in the present case based on confessional statement of co-accused.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 21.07.2021, he is a person with clean antecedent, chargesheet has been submitted in the case and he was not arrested from the spot, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IInd-cum-Special Judge, Excise Act, Gaya in connection with Gurua P. S. Case No.74 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T