Piyush Kumar @ Piyush Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46142 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- BARUN District- Aurangabad ====================================================== PIYUSH KUMAR @ PIYUSH SINGH Son of Ravindra Singh Resident of Village - Sone Nagar, Keshopur, P.S.- Barun, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Barun PS case no. 39 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of huge quantity of illicit foreign liquor from a pick-up van and certain miscreants were arrested, out of whom, one person namely Golu Kumar Singh is stated to be the driver of the said pick-up van. The said Golu Kumar Singh, upon interrogation, is stated to

Patna High Court CR. MISC. No.46142 of 2021(2) dt.25-02-2022 2/3 have disclosed the names of other accused persons including that of the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 04.04.2021. The learned counsel for the petitioner has further submitted that the aforesaid Golu Kumar Singh has already been granted bail by a co-ordinate Bench of this Court vide order dated 08.04.2021, passed in Cr. Misc. no. 31422 of 2021.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused person who has already been granted bail by a co-ordinate Bench of this Court, apart from the fact that the petitioner is languishing in custody since 04.04.2021, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to

Patna High Court CR. MISC. No.46142 of 2021(2) dt.25-02-2022 3/3 be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional District and Sessions Judge-II-cum-Special Judge, Excise, Aurangabad in connection with Barun PS case no. 39 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T