Divyanshu Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69137 of 2019 Arising Out of PS. Case No.-110 Year-2018 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Divyanshu Kumar @ Raja aged about 20 years (male) son of Chunchun Singh @ Chunchun Kumar Singh, Resident of village- Sahit, P.S. Vidyapati Nagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Vidyapatinagar P.S. Case No. 110 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition And Excise Act, 2016.

The allegation against the petitioner as per the first information report is that the Police arrested two co-accused

Patna High Court CR. MISC. No.69137 of 2019(2) dt.04-12-2019 2/3 namely, Shankar Suman and Kundan Kumar along with the motorcycle and recovered total quantity of 34.920 liters of illicit liquor from the possession of Shankar Suman. It has further been alleged that the arrested accused persons disclosed that the petitioner used to supply the liquor to the arrested accused persons.

Mr. Jitendra Narain Sinha, learned counsel appearing for the petitioner submits that petitioner has falsely been implicated by the Police with oblique motive merely on the basis of statement made by the arrested accused persons. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession or from the premises belonging to the petitioner. Learned counsel further submits that the petitioner is in custody since 19.09.2019. Having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from conscious possession of the petitioner and petitioner is in custody since 19.09.2019, I am inclined to enlarge the petitioner on regular bail.

Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.69137 of 2019(2) dt.04-12-2019 3/3 the satisfaction of learned Additional Sessions Judge 2nd -cum - Special Judge, Excise, Samastipur in connection with Vidyapatinagar P.S. Case No. 110 of 2018.

(Anil Kumar Sinha, J) praful/- U T