Prabhat Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61381 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== PRABHAT KUMAR DAS Son of Ram Sobit Das @ Ram Lobhit Das Resident of Village- Bhanaspatti, P.S.- Runni Saidpur, District- Sitamarhi (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tejendra Sinha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, 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 Ahiyapur P.S. Case No. 60 of 2021 for the offence registered under Sections 272, 273, 420, 467, 469, 471/34 of the Indian Penal Code and Sections 30(a), 36 and 41 of the Bihar Prohibition of Excise Act.

The allegation is regarding recovery of huge quantity of illicit liquor from DCM truck, two Maruti Alto cars and one motorcycle. The name of the petitioner has transpired in the present case upon the driver having disclosed the name of the co-accused persons as also the petitioner herein to be the persons who regularly deal in the illicit trade of liquor.

Patna High Court CR. MISC. No.61381 of 2021(2) dt.16-12-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 27.08.2021. The learned counsel for the petitioner has further submitted that neither the petitioner has been arrested from the spot nor any illicit liquor has been recovered from the conscious possession of the petitioner nor the vehicles in question belong to the petitioner. 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 truck in question from which the illicit liquor has been recovered, belongs to the petitioner, 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

Patna High Court CR. MISC. No.61381 of 2021(2) dt.16-12-2021 3/3 satisfaction of learned Special Judge (Excise), Muzaffarpur in connection with Ahiyapur P.S. Case No. 60 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T