Dhrub Kumar @ Dhruv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74576 of 2022 Arising Out of PS. Case No.-529 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== DHRUB KUMAR @ DHRUV KUMAR SON OF DAMODAR DAS R/O VILLAGE- GOPALPUR, P.S.- GOPALPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 529 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

The allegation is regarding recovery of 50 liters of illicit liquor from the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 26.10.2022.

Patna High Court CR. MISC. No.74576 of 2022(2) dt.10-02-2023 2/3 The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one other case, but he is on bail in the said case. 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 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 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 direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise

Patna High Court CR. MISC. No.74576 of 2022(2) dt.10-02-2023 3/3 Judge-I, Bhagalpur in connection with Gopalpur P.S. Case No. 529 of 2022.

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