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Patna High CourtCR. MISC./38598/2021bail granted

Ram Ishwar Singh v. The State Of Bihar

2021-08-04Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38598 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== RAM ISHWAR SINGH Son of Baiju Singh Resident of Village - Mandaidih, P.S.- Patepur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-08-2021 The matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

This application for regular bail arises out of Complaint Case No. 124 C2 of 2020, disclosing offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The petitioner is in custody since 27.07.2020. His prayer for regular bail was earlier rejected by this Court by an order dated 04.12.2020, passed in Cr. Misc. No. 31633 of 2020. By making this application, he has renewed his prayer for bail. Allegedly, 720 litres of illicit liquor was recovered from a Bolero vehicle leading to lodging of the aforesaid criminal case.

Patna High Court CR. MISC. No.38598 of 2021(2) dt.04-08-2021 2/3 Considering the petitioner's period of incarceration, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Prohibition and Excise Act, Begusarai, in Complaint Case No. 124 C2 of 2020.

It may be noted that a supplementary affidavit has been filed on behalf of the petitioner pointing out certain typographical mistakes which have crept in the application. In paragraph-1 of the application 'Additional District and Sessions Judge-cum-Special Court, Excise Court, Begusarai' has been typed in place of 'Additional Sessions Judge-II-cum-Special Excise Court, Begusarai'.

Paragraph-1 of the application shall be read accordingly.

Further in paragraph-3 of the application, it has been stated that the petitioner has no criminal antecedent. However, by way of supplementary affidavit, it has been stated that the petitioner has been implicated in two other cases in which he is on bail.

The averments made in the supplementary affidavit

Patna High Court CR. MISC. No.38598 of 2021(2) dt.04-08-2021 3/3 shall form part of the main application.

This application is accordingly allowed.

(Chakradhari Sharan Singh, J) Rajesh/- U T