Patna High CourtCR. MISC./86747/2019bail granted

Golu Kumar v. The State Of Bihar

2020-01-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86747 of 2019 Arising Out of PS. Case No.-461 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== GOLU KUMAR Son of Krishna Manjhi Resident of Village - Sayam Cinema road, Gopalganj, P.S.- Gopalganj, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gopalganj Town (Nagar) P.S. Case No. 461 of 2019 for the offence punishable under Sections 272/ 273/ 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 704.16 liters of illicit liquor from two vehicles and after the accused persons were arrested, they are said to have disclosed the name of the petitioner as the person who had fled away from the place of occurrence.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.86747 of 2019(2) dt.16-01-2020 2/2 that the petitioner has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 8.11.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that no recovery of the illicit liquor has been made from the conscious possession of the petitioner and the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge, Excise, Gopalganj in connection with Gopalganj Town (Nagar) P.S. Case No. 461 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T