Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72667 of 2022 Arising Out of PS. Case No.-247 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== SACHIN KUMAR Son of Mahesh Kumar Resident of Village- Binodpur, Ward No.-13, P.S.- Mufassil(Begusarai), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Cheria Bariyarpur P.S. Case No. 247 of 2022 registered for the offence punishable under Section 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 40 litres of illicit liquor from an E-rickshaw, after the same was apprehended along with the petitioner, who is stated to be the driver of the said Erickshaw.

Patna High Court CR. MISC. No.72667 of 2022(2) dt.10-02-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 23.09.2022. The learned counsel for the petitioner has further submitted that a sympathetic view be taken considering the period of incarceration of the petitioner herein.

Per contra, the learned A.P.P. 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 petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.72667 of 2022(2) dt.10-02-2023 3/3 of learned Annaya Special Excise Judge-1, Begusarai in connection with Cheria Bariyarpur P.S. Case No. 247 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T