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Patna High CourtCR. MISC./84674/2019bail granted

Indrajit Kumar @ Indrajeet Kumar v. The State Of Bihar

2020-05-12Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84674 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== INDRAJIT KUMAR @ INDRAJEET KUMAR Son of Harekrishan Sah @ Hari Kishan Sah Resident of Village - Birauli, Ward No. 14, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-05-2020 Heard the matter on Video Conference.

The petitioner seeks bail in connection with Bajpatti P.S. Case No. 387 of 2019 dated 08.11.2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From the FIR it appears that 147 litres of Nepali liquor was recovered from the tempo which was being driven by the petitioner.

It has been submitted on behalf of the petitioner that it is a case of mistaken identity and the petitioner owns the tempo vehicle which he plies on the road commercially for earning his livelihood. It has further been submitted that he has been made accused unnecessarily.

Patna High Court CR. MISC. No.84674 of 2019(4) dt.12-05-2020 2/2 The petitioner does not have criminal antecedents. Apart from this, it has been stated that he is in jail since 08.11.2019.

Considering the aforesaid facts, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Bajpatti P.S. Case No. 387 of 2019. (Ashutosh Kumar, J) Krishna/- Praveen U T