Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61755 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- GOVINDPUR District- Nawada ====================================================== SHARWAN KUMAR S/o Shivnandan Prasad R/o village- Sorha, P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Govindpur P.S. Case No. 51 of 2021 instituted for the offences under Section 414 of the Indian Penal Code read with Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 28.07.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 200 litre of liquor from a bag which was being carried by Kundan Kumar on a motorcycle and Kundan Kumar disclosed the name of the petitioner alleging that the motorcycle belongs to the petitioner.

Patna High Court CR. MISC. No.61755 of 2021(2) dt.28-01-2022 2/2 Learned counsel for the petitioner submits that admittedly petitioner was not arrested from the spot and Kundan Kumar, who is friend of the petitioner, had taken his bike and, as such, the petitioner was not aware that Kundan Kumar had taken the bike for carrying the liquor.

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, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Govindpur P.S. Case No. 51 of 2021.

(Satyavrat Verma, J) Kundan/- U T