Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69864 of 2021 Arising Out of PS. Case No.-254 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== NAVIN KUMAR S/o Abhiram Ray R/o village- Mehsaul, P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2022 Heard.

The petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No. 254 of 2021 of 2021, registered for the offence punishable under sections 30(a) of Bihar Prohibition & Excise Act, 2016.

The allegation is regarding recovery of 143.700 liters of illicit liquor from the house of the co-accused person namely Abhiram Rai and upon enquiry it transpired that the petitioner was also engaged in the trade of illicit liquor.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody custody since 26.08.2021. The learned counsel for the petitioner has further submitted that neither the house in question

Patna High Court CR. MISC. No.69864 of 2021(2) dt.08-06-2022 2/2 belongs to the petitioner nor the petitioner has been arrested from the spot, hence the petitioner has no complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that neither the house from where the illicit liquor has been recovered, belongs to the petitioner nor the petitioner has been arrested from the spot and he has been implicated in the present case merely on suspicion, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Additional District & Sessions Judge-II cum Special Judge (Excise), Sitamarhi in connection with Runnisaidpur P.S. Case No. 254 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T