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Patna High CourtCR. MISC./84682/2019bail granted

Ramudar Thakur v. The State Of Bihar

2020-01-07Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84682 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAMUDAR THAKUR Son of Late Ram Lakhan Thakur Resident of VillageParsoni Raisi, Anchal Thana- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeeb Kumar Sanju For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sahebganj PS case no. 60 of 2019 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and Section 30(a), 36, 38 (ii) of Bihar Prohibition & Excise Act, 2018.

The allegation is regarding recovery of 534 liters of illicit foreign liquor from the cattle shed of the house of the petitioner.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, is having a clean antecedent and the cattle shed is situated far away from the house of the petitioner as well as the

Patna High Court CR. MISC. No.84682 of 2019(3) dt.07-01-2020 2/2 petitioner is 70 years of age, hence is not likely to have indulged in commission of the crime, as alleged by the informant. It is further submitted that the petitioner is languishing in custody since 18.11.2019 and similarly situated co-accused person namely Mukesh Thakur @ Chhotu has already been granted bail by a co-ordinate Bench of this Court vide order dated 23.10.2019 passed in Cr. Misc. no. 62424 of 2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the parity of case of the petitioner with that of the co-accused who has already been granted regular bail, I deem it fit and proper to direct for release of the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Muzaffarpur in connection with Sahebganj PS case no. 60 of 2019.

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