Govind Kumar @ Govinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88319 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Govind Kumar @ Govinda Kumar S/O Ashok Ram Resident of VillageEkdari Belwa (Bhelwa), P.S. -Chhauradano District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-02-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 41(i) of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is in custody since 22.10.2024, he has antecedent of three cases and allegation is of recovery of 5.1 litres of liquor from a bush near the house of Rambabu Prasad.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner

Patna High Court CR. MISC. No.88319 of 2024(2) dt.14-02-2025 2/2 and is accessible to public at large. It is next submitted that petitioner came to be implicated in the instant case at the instance of Chaukidar with whom he is on an inimical term. It is also submitted that police in majority of cases implicates either at the instance of Chaukidar, local person, secret informant and confessional statement in a mechanical manner without holding proper investigation. It is next submitted that petitioner is in custody since 22.10.2024 and charge-sheet has been submitted.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.02, East Champaran at Motihari in connection with Chhauradano P. S. Case No.167 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T