Patna High CourtCR. MISC./28817/2021bail granted

Satyam Kumar v. The State Of Bihar

2021-07-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28817 of 2021 Arising Out of PS. Case No.-5 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Satyam Kumar Son of Jay Kishore Singh Resident of Village - Dhanaur @ Dhanaul, P.S.- Katra, Distt.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. The petitioner has renewed his prayer for bail in connection with G.O. Case No. 5 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 07.08.2020 with observation that in case, the trial of the petitioner is not concluded within six months from today, the petitioner would be at liberty to renew his prayer for bail before the court below itself.

Learned counsel for the petitioner submitted that when the trial is not completed within the time stipulated by this

Patna High Court CR. MISC. No.28817 of 2021(2) dt.14-07-2021 2/2 Court, the petitioner filed an application before the Special Judge, Excise, Sitamarhi, but the same has been rejected vide order dated 24.02.2021.

A perusal of the order would reveal that the case is still pending for framing of charge.

Considering the nature of the offence and the observations made by this Court while rejecting the prayer for bail earlier as also the unlikelihood of the trial to be concluded in near future, the petitioner is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Sitamarhi in connection with G.O. Case No. 5 of 2020.

(Ashwani Kumar Singh, J) rohit/- U T