Vijay Kumar @ Chunnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62782 of 2021 Arising Out of PS. Case No.-553 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== VIJAY KUMAR @ CHUNNU Son of Mangleshwari Thakur @ Judagi Thakur Resident of Village - Baghnagari, P.S.- Saraiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted 149.180 litres of liquor was recovered from the house of the accused Rajesh Kumar and he was taken into custody. It is further stated that one of the accused managed to escape and he was identified by the accused Rajesh Kumar as the petitioner herein.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any

Patna High Court CR. MISC. No.62782 of 2021(3) dt.15-04-2022 2/2 incriminating article recovered was from his possession. The petitioner has been falsely implicated in the case. He is in custody since 27.8.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

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

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Saraiya P.S. Case no. 553 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 Special Judge, Excise, Muzaffarpur.

(Partha Sarthy, J) Bibhash/- U