Birodhi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68968 of 2021 Arising Out of PS. Case No.-184 Year-2021 Thana- BARGAINIA District- Sitamarhi ====================================================== BIRODHI KUMAR Son of Chandrika Paswan Resident of Village- Domarbana, P.S.- Bairgania, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-04-2022 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 section 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 78.09 litres of liquor was recovered from the motorcycle in question and the petitioner and one another accused who made an attempt to escape, were caught.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He has no concern with the seized liquor nor with the motorcy-

Patna High Court CR. MISC. No.68968 of 2021(2) dt.22-04-2022 2/2 cle in question. He is in custody since 30.8.2021 and has no criminal antecedent under the Bihar Prohibition and Excise Act, 2016.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Bairgania P.S. Case no. 184 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 Additional Sessions Judge II - cum - Special Judge, Excise Act, Sitamarhi. (Partha Sarthy, J) Spd/- U T