Ram Milan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61200 of 2021 Arising Out of PS. Case No.-116 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ram Milan Kumar S/O Umakant Ray R/o village- Gospur, Rajaura, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 This case is being taken out of turn based on mentioning made by the learned counsel for the petitioner. The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 116 of 2020 instituted for the offences under Section 120(B) of the Indian Penal Code and Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.61200 of 2021(2) dt.24-12-2021 2/2 petitioner is in custody since 28.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 2654 litres of liquor from truck, 95.04 litres of liquor from pick-up van and 201.00 litres of liquor from Alto car thus total recovery is 2950.04 litres. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., his name surfaced as the owner of the Alto car, he was not present at the place of occurrence and the car was used by his brother. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 28.08.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Begusarai in connection with Muffasil P.S. Case No. 116 of 2020.

(Satyavrat Verma, J) Rishi/- U T