Dipu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42138 of 2021 Arising Out of PS. Case No.-174 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== DIPU PRASAD Son of Bishnu Prasad Resident of Village - Satgir, P.S.- Rajauli, Distt.- Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2022 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Rajauli PS Case No. 174/2021 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act. On the basis of secret information that petitioner is indulged in preparation of illicit liquor, the police proceeded near the bank of river situated at village, Satgir and recovered 50 litres of illicit liquor along with 200 Kilograms of fermented Java Mahua from the place of occurrence and arrested the petitioner. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case due to high handedness of the police. Learned counsel further submits that no illicit liquor has been

Patna High Court CR. MISC. No.42138 of 2021(2) dt.01-02-2022 2/2 recovered from the conscious possession of the petitioner or from the premises belonging to the petitioner inasmuch as the same has been recovered from the bank of river which is an open place accessible to all and sundry.

Learned counsel next submits that the petitioner is in custody since 14.04.2021 and the charge-sheet has been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent, he is in custody since 14.04.2021, the charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, DIPU PRASAD be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Nawada in connection with Rajauli PS Case No. 174/2021. (Anil Kumar Sinha, J) perwez U T