Pintu Kumar @ Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23988 of 2019 Arising Out of PS. Case No.-168 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== PINTU KUMAR @ PINTU SINGH, aged about 30 years, Male, Son of Kapildeo Singh Resident of Village- Rampur, P.S.- Narhat, District- Nawada ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Kumar, Adv.

For the Opposite Party :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Akbarpur P.S. Case No. 168 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that a truck was found and on search from the truck, 4077 liters of Indian made foreign liquor was recovered. The local people revealed the name of three persons Gajadhar Manjhi, Bisheshwar Manjhi and Maheshwar Manjhi to be the owner of the said illicit liquor engaged in the said trade. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the first information report and his name surfaced during the course of investigation to be a member of the gang trading in illicit liquor. He submits that three of the co-accused named by the local people have since been granted the privilege of pre-arrest bail by this Court

Patna High Court CR. MISC. No.23988 of 2019(2) dt.16-04-2019 2/2 and the petitioner is languishing in judicial custody since 01.03.2019.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner is involved in one more case under the Narcotic Drugs and Psychotropic Substances Act although the petitioner submits that he has been granted the privilege of bail in that case.

Considering the nature of allegations and that other co-accused have been granted pre-arrest bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Akbarpur P.S. Case No. 168 of 2018 to the satisfaction of the learned Additional District Judge II-cum-Special Judge, Nawada, or the successor Court subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Shamshad/- U T