Ram Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35804 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- BITHAN BAZAR District- Samastipur ====================================================== RAM VINAY KUMAR S/o Butan Yadav R/o village- Telni, P.S.- Bithan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-02-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Bithan P.S. Case No. 56 of 2020, disclosing offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act read with Section 25(1-b) a, 26, 35 of the Arms Act. The petitioner is in custody since 31.05.2020. Five persons have been named in the First Information Report including this petitioner with the allegation that from possession of the petitioner 125.250 liters of illicit Indian made foreign liquor was recovered. From possession of another co-accused a loaded country made pistol was also recovered. Learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent and since the charge-

Patna High Court CR. MISC. No.35804 of 2020(6) dt.20-02-2021 2/2 sheet has been submitted by now, no purpose would be served, allowing the petitioner remain in custody in the background of nature of accusation against him. He has further submitted that co-accused Nunu Lal has been allowed regular bail by this Court by an order dated 03.12.2020 passed in Cr. Misc. No. 31975 of 2020.

Considering the above submission, this application is allowed.

Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Samastipur in Bithan P.S. Case No. 56 of 2020.

(Chakradhari Sharan Singh, J) arun/- U