Patna High CourtCR. MISC./63681/2021bail granted

Mithilesh Kumar v. The State Of Bihar

2022-02-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63681 of 2021 Arising Out of PS. Case No.-166 Year-2021 Thana- AWTARNAGAR District- Saran ====================================================== Mithilesh Kumar Son of Lal Chandra Rai Resident of Village - Balua, P.S. - Doriganj, District - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Awatar Nagar P.S. Case No. 166 of 2021 instituted for the offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 14.06.2021, 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 total recovery of 160 litres of country-made liquor from a bag tied to two motorcycles and 15 bags of jaggery along with 40 litres of country-made liquor from a tempo, out of which 80 litres is alleged to be recovered from the

Patna High Court CR. MISC. No.63681 of 2021(2) dt.04-02-2022 2/2 petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case and he was not knowing who had kept the bag when the motorcycle was parked.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 14.06.2021, 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chhapra in connection with Awatar Nagar P.S. Case No. 166 of 2021.

(Satyavrat Verma, J) Rishi/- U T