Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56093 of 2022 Arising Out of PS. Case No.-376 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Avinash Kumar Son Of Anil Singh @ Anil Ram, Resident Of Village - Tulsipur Mahna, P.S.- Barauni Refinery, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Barauni P.S. Case No. 376 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

As per prosecution case, total recovery of 73.76 liter foreign liquor has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that from the seizure list it transpires that the said recovery was made from the house of Guddu Singh. He further

Patna High Court CR. MISC. No.56093 of 2022(2) dt.02-12-2022 2/2 submits that petitioner was apprehended from the place of occurrence, he is a labour and he was standing near the house due to this reason, he was apprehended. He further submits that the antecedent of the petitioner is clean, he is in custody since 13.08.2022 and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Begusarai in connection with Barauni P.S. Case No. 376 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T