Patna High CourtCR. MISC./67136/2021bail granted

Bittu Kumar v. The State Of Bihar

2022-02-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67136 of 2021 Arising Out of PS. Case No.-907 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Bittu Kumar S/o Rabindra Yadav @ Raben Yadav R/o village- Bhadol, Ward No. 06, P.S.- Bharrahi (O.P.), District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner and Smt. Veena Kumari Jaiswal, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Excise Case No. 274 of 2020/2021 arising out of Excise Case No. 907 of 2020 instituted for the offences under Section 30(a) of the Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.09.2021, prosecution report has been submitted in the case and has antecedent of three cases. Learned counsel for the petitioner submits that allegation is of recovery of 11.625 litres of liquor from the house of the petitioner.

Patna High Court CR. MISC. No.67136 of 2021(2) dt.18-02-2022 2/2 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, nothing was recovered from his house and he came to be implicated merely because of his antecedents. 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 23.09.2021, prosecution report has been submitted and the alleged recovery is only 11.625 litres of liquor, let the petitioner above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Special Judge, Excise Act, Madhepura in connection with Excise Case No. 274 of 2020/2021 arising out of Excise Case No. 907 of 2020.

(Satyavrat Verma, J) Rishi/- U T