Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33296 of 2022 Arising Out of PS. Case No.-181 Year-2021 Thana- FALKA District- Katihar ======================================================

1. PRADEEP KUMAR Son of Late Rajpal Resident of Village - Narala Road Verka, P.S.- Verka, Distt.- Amritsar (Punjab).

2. EKBALDEEP SINGH @ IKWAL DEEP SINGH Son of Late Baldeo Singh Resident of Village - Baba Wakala, P.s.- Vyash, Distt.- Amritsar (Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have renewed their prayer for bail in a case registered under sections 30(a), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by learned counsel for the petitioners that the earlier prayer for bail of the petitioners was rejected vide order dated 3.3.2022 passed in Cr. Misc. no. 53817 of 2021 giving liberty to the petitioners to renew their prayer for bail after completing one year in custody. The petitioners are in custody for more than 1 year since 6.6.2021 and have no criminal antecedent.

The application for bail is opposed by learned APP for

Patna High Court CR. MISC. No.33296 of 2022(2) dt.06-07-2022 2/2 the State who submits that the petitioners are resident of outside the State of Bihar and once they are enlarged on bail they will not cooperate in the trial.

Having heard learned counsel for the parties and taking into consideration the liberty granted to the petitioners vide aforesaid order of rejection dated 3.3.2022 and the petitioners having remained in custody for more than 1 year since 6.6.2021, the Court directs the above two petitioners to be enlarged on bail in connection with Falka (Pothia) P.S. Case no. 181 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge IIcum-Special Judge, Excise Act, Katihar subject to the following conditions :

(ii) One of the bailors of the two petitioners shall be resident of a place within the jurisdiction of the learned trial Court.

(ii) The other bailor of both the petitioners shall be a close relative of the respective petitioners. (ii) The petitioners shall cooperate in the trial. (Partha Sarthy, J) Prakash/- U