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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29712 of 2023 Arising Out of PS. Case No.-167 Year-2021 Thana- LAURIA District- West Champaran ====================================================== PRINCE KUMAR SINGH @ PRATIK KUMAR S/O LATE ANJANI KUMAR SINGH R/O Village- Dighra Rampur Sah, P.S- Muzaffarpur Town, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Purushottam Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 328/34 of the IPC and Sections 30(a), 33 and 37(b) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioner was engaged in illegal trading/manufacturing of illicit liquor, it is further alleged that one person died after consuming the said liquor.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of

Patna High Court CR. MISC. No.29712 of 2023(3) dt.05-09-2023 2/2 confessional statement of co-accused Dilip Kumar Singh, which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the conscious possession of the petitioner. He submitted that the other co-accused Dilip Kumar Singh has already been granted bail by a Co-ordinate Bench vide order dated 29.11.2022 passed in Cr. Misc. No. 52206 of 2022. He 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 as well as period of custody, 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 Court below in connection with Lauria P.S. Case No. 167 of 2021.

(Sunil Kumar Panwar, J) arish/- U