Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21155 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== MONU KUMAR Son of Naresh Sharma Resident of Mohalla-Postal park, road no.3, P.S.-Jakkanpur, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21250 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== RAJESH KUMAR S/o Late Umesh Lal Resident of Mohalla- Postal Park, P.S.- Kankarbagh, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 21155 of 2020) For the Petitioner/s :
Ms.Shilpi Keshri For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 21250 of 2020) For the Petitioner/s :
Ms.Shilpi Keshri For the Opposite Party/s :
Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-02-2021 Heard learned counsel for the parties.
These applications for grant of regular bail arise out of G.O. Case No. 12 of 2020, disclosing offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CR. MISC. No.21155 of 2020(4) dt.17-02-2021 2/3 Nearly one year before, the prayer for bail made on behalf of the petitioners was rejected by an order dated 28.02.2020 passed in Cr. Misc. No. 10331 of 2020. The petitioners have renewed their prayer for bail by filing these two applications.
The petitioners are in custody since 14.01.2020, who were allegedly apprehended with 182 liters of country made liquor.
Learned counsel for the petitioners has contended that the petitioners have no criminal antecedent and since chargesheet has been submitted there is no possibility of tampering with the evidence or influencing the witnesses, if allowed privilege of regular bail. She has further submitted that because of prevailing situation arising out of COVID-19 outbreak, there is no likelihood of conclusion of trial in near future. Considering the aforesaid submission and taking into account the fact that the petitioners are in custody since 14.01.2020, these applications are allowed.
Let the petitioners above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge,
Patna High Court CR. MISC. No.21155 of 2020(4) dt.17-02-2021 3/3 Nawada in G.O. Case No. 12 of 2020.
(Chakradhari Sharan Singh, J) arun/- U