Prince Kumar Singh @ Pratik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28656 of 2023 Arising Out of PS. Case No.-162 Year-2021 Thana- LAURIA District- West Champaran ====================================================== PRINCE KUMAR SINGH @ PRATIK KUMAR son of Late Anjani Kumar Singh Village- Dighra Rampur Sah Ps- Muzaffarpur Town Dist- Muzffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. A.K. Thakur, Adv.

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 33, 37(c) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, on 09.07.2021, the husband of the informant went to the field for agricultural work and when he returned, he started vomiting. It is further alleged tht he upon repeated query, disclosed that he had consumed liquor. Thereafter, he was taekn to hospital, where he died.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. It is mentioned in para 15 of the

Patna High Court CR. MISC. No.28656 of 2023(3) dt.24-07-2023 2/3 petition that on the basis of confession of accused Kamaruddin in Lauriya PS Case No. 160 of 2021, petitioner was remanded in several cases including the present case. Save and except confessional statement, nothing has come against the petitioner to show his complicity in the present case. Similarly situated other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 22.11.2022 passed in Cr. Misc. No. 16099 of 2022. Petitioner is languishing in judicial custody since 16.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in connection with Lauriya PS Case No. 162 of 2021.

(Sunil Kumar Panwar, J) lata/- U

Patna High Court CR. MISC. No.28656 of 2023(3) dt.24-07-2023 3/3