Nawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8246 of 2022 Arising Out of PS. Case No.-220 Year-2021 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Nawal Kumar Son of Pannalal Rawat Resident of Village - Harpur, P.s.- Gopalganj, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Mohammadpur P.S. Case No. 220 of 2021, registered for the offence punishable punishable under Sections 272, 273, 328, 307, 304, 120(B)/34 of the Indian Penal Code and sections 30(a)/37(b)/33/34 of the Bihar Prohibition and Excise Act, 2018.

As per the prosecution case, altogether 12 persons have died due to consumption of wine which has been supplied by the accused persons and petitioner is alleged to be the driver of vehicle which was used in transporting illegal wine. It is submitted that petitioner is not named in the FIR. No incriminating article has been recovered from possession of this petitioner. Name of petitioner surfaced in this case on the

Patna High Court CR. MISC. No.8246 of 2022(2) dt.11-04-2022 2/2 basis of confessional statement of co-accused Guddu Kumar. Save and except confessional statement there is no cogent material against this petitioner which shows his involvement in the alleged occurrence. Petitioner is in custody since 08.11.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Gopalganj in connection with Mohammadpur P.S. Case No. 220 of 2021. (Prabhat Kumar Singh, J) vinita/- U T