Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10107 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== VINOD KUMAR Son of Banshi Prasad Resident of Village - E-151 JJ North West Delhi, At present Resident of Village - Daudnagar, P.S.- Daudnagar, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar, Advocate For the State :

Dr Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with N. H. Bangra P.S. Case no. 117 of 2020 registered under sections 420, 419, 188 and 171 of the Indian Penal Code, sections 25(1-B)(a), 26, 20 and 30 of the Arms Act and sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on search being conducted a total of about 13 litres of illicit liquor besides a loaded revolver with 6 cartridges as also 10 other cartridges were recovered. The petitioner and others were taken into

Patna High Court CR. MISC. No.10107 of 2021(2) dt.14-06-2021 2/2 custody.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person or possession of the petitioner. He has been falsely implicated in the case. He is in custody since 8.10.2020, i.e., for over 8 months and has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and having remained in custody for over 8 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with N. H. Bangra P.S. Case no. 117 of 2020 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 District and Sessions Judge- II cum- Special Judge Excise, Samastipur. Prakash/- (Partha Sarthy, J) U T