Binod Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61583 of 2021 Arising Out of PS. Case No.-223 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== BINOD THAKUR Son of Raj Kumar Thakur Resident of Village- Kamlabari, P.S.- Jay Nagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273 and 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on search of a tempo, it is stated that a total of 450 litres of liquor was recovered and four persons, who were accompanying the said tempo, were taken into custody and the same included the petitioner herein. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has no concern either with the seized liquor nor with the vehicle from which it was seized. His case stands on a similar footing to that of co-accused Vishnu Kant

Patna High Court CR. MISC. No.61583 of 2021(2) dt.11-04-2022 2/2 Singh and Radhe Kumar who have been enlarged on bail vide order dated 31.3.2022 passed in Cr. Misc. no.56104 of 2021 and order dated 31.3.2022 passed in Cr. Misc. no.55937 of 2021. The petitioner is in custody since 12.8.2021 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to the above named two co-accused together with the petitioner having no criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Jainagar P.S. Case no.223 of 2021 (G.R. no.1397 of 2021) 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) Saurabh/- U T