Anil Thathera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73143 of 2022 Arising Out of PS. Case No.-402 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== ANIL THATHERA Son of Parsh Thathera Resident of Punjabi Mohalla, P.S.- Kebaiya Lakhisarai, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise PS case no. 402 C2 of 2022 instituted for the offences punishable under Section 37(I) of Bihar Prohibition and Excise Act.

The allegation is regarding the petitioner having been caught in a drunken position and upon Breath Analyser Test having been conducted, it is found that the petitioner had consumed liquor.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 12.10.2022. The learned counsel for the petitioner has further submitted that the

Patna High Court CR. MISC. No.73143 of 2022(2) dt.09-02-2023 2/2 petitioner is accused in one other case but he is on bail in the said case. It is also submitted that it is an admitted fact that no illicit liquor has been recovered from the conscious possession of the petitioner and it has been merely alleged that the petitioner had consumed liquor.

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 learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge V-cumExclusive Special Court-2, Excise Act, Laskhisarai in connection with Excise PS case no. 402 C2 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T