Vinay Kumar Baranwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76272 of 2019 Arising Out of PS. Case No.-308 Year-2019 Thana- JHAJHA District- Jamui ====================================================== Vinay Kumar Baranwal Son of Dayanand Baranwal Village - Tahbaghat Jasidih, P.S.- Jasidih, Dist.- Deoghar, State - Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Jhajha P.S. Case No. 308 of 2019 registered for the offence punishable under sections 272, 273 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Exercise Act.

As per allegation in the FIR, 7 1⁄2 litres of IMFL and 25 litres of country liquor is said to have been recovered from the bag kept on motorcycle of the petitioner, who unsuccessfully tried to escape.

It is submitted by learned counsel for the petitioner that the allegation of recovery as alleged in the FIR is false and concocted, which would be perused from the seizure list itself.

Patna High Court CR. MISC. No.76272 of 2019(2) dt.09-12-2019 2/2 Although, the seizure list was prepared at 20:30 hours and the FIR registered at 20:45 hours, however, surprisingly the seizure list contains the FIR number, which itself creates doubt about the veracity of the prosecution case. It is further submitted that the petitioner is in custody since 22.10.2019 and he has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, 2nd Jamui in connection with Jhajha P.S. Case No. 308 of 2019.

(Partha Sarthy, J) S.Katyayan/- U T