Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32605 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== PRINCE KUMAR SON OF DEVENDRA PRASAD SINGH @ DEVNANDAN PRASAD SINGH @ DEVAN SINGH RESIDENT OF VILLAGE NITIYANAND SINGH CHOWK MANJHAUL, P.S. CHERIYABARIYARPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

Petitioner seeks regular bail in connection with Cheriabariyarpur P.S. Case No. 18 of 2021 registered for the offence under Section 188, 290, 120(B) of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is that Police on the basis of secret information that the accused persons have kept illicit liquor in the orchard, proceeded towards the place of occurrence and upon seeing Police party two persons namely Surender Prasad Singh and Sumit Kumar tried to flee away and succeeded in the same. On search Police recovered 1218.3 liters of foreign liquor of different brands from the said orchard. The name of the

Patna High Court CR. MISC. No.32605 of 2021(2) dt.20-12-2021 2/3 petitioner has transpired on the basis of confidential information received by the Police.

Learned counsel for the petitioner submits that petitioner has falsely been implicated on the basis of secret information received by the Police. He further submits that from perusal of the First Information Report it would be evident that the illicit liquor has not been recovered from the orchard belonging to the petitioner and one person out of two who succeeded in fleeing away from the said orchard namely Surendra Prasad Singh has been granted anticipatory bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 27806 of 2021. He next submits that petitioner is in custody since 18-022021. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that no illicit liquor has been recovered from the conscious possession and / or premises belonging to the petitioner, the co-accused has been granted anticipatory bail by this court, petitioner is in custody since 18/02/2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be

Patna High Court CR. MISC. No.32605 of 2021(2) dt.20-12-2021 3/3 released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Begusarai in connection with Cheriyabariyarpur P.S. Case No. 18 of 2021. (Anil Kumar Sinha, J) praful/- U T