Patna High CourtCR. MISC./27354/2020bail granted

Kaila @ Raj Kumar v. The State Of Bihar

2020-10-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27354 of 2020 Arising Out of PS. Case No.-247 Year-2019 Thana- MOKAMAH District- Patna ====================================================== KAILA @ RAJ KUMAR Son of Sri Arvind Kumar @ Arvind Singh Resident of Village- Sankarwar Tola, P.S.- Mokama, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Special Case no. 9572 of 2019 (arising out of Mokamah P.S. Case no. 247 of 2019) registered under section 290 of the Indian Penal Code and section 37(b) and (c) of the Bihar Prohibition and Excise Act, 2016 As per allegation in the FIR, the petitioner along with others were caught near a hospital in a drunken condition. It is submitted by learned counsel for petitioner that the earlier application for bail of the petitioner was rejected vide order dated 11.12.2019 (Annexure-1) passed in Cr. Misc. no. 81760 of 2019 giving liberty to the petitioner to renew his prayer for bail on completing six months in custody. The petitioner is in custody since 27.10.2019 i.e. nearly one year. The application for bail is opposed by learned APP for the State.

Patna High Court CR. MISC. No.27354 of 2020(2) dt.21-10-2020 2/2 Having heard learned counsel for the parties and taking into consideration the observations given in the earlier order of rejection dated 11.12.2019 together with the period of custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Case no. 9572 of 2019 (arising out of Mokama P.S. Case no. 247 of 2019) 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, Patna.

(Partha Sarthy, J) Prakash/- U