Patna High CourtCR. MISC./34120/2020bail granted

Prakash Kumar @ Prakash K.S. v. The State Of Bihar

2021-01-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34120 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- SAKATPUR District- Darbhanga ====================================================== PRAKASH KUMAR @ PRAKASH K.S. Son of Late Sekhraiya Resident of Village - Kundligatta, P.S. - Nonebine Kare, District - Thumakuru, State - Karnataka.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of G.O. Case No. 91 of 2020 arising out of Shakatpur P.S. Case No. 06 of 2020, registered for the offence punishable under Sections 30(a), 32(3), 41(1) of Bihar Prohibition and Excise Act, 2016.

Petitioner's prayer for regular bail was earlier rejected by an order dated 02.03.2020 passed by this Court in Cr. Misc. No. 10592 of 2020.

Petitioner is in custody since 20.01.2020. It is alleged that from the truck, which was being driven by the petitioner, 1104.12 liters of Indian made foreign liquor was recovered by the police.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.34120 of 2020(2) dt.25-01-2021 2/2 petitioner has submitted that after framing of charge there is no progress at the trial. He has further submitted that this Court may impose any reasonable condition for the petitioner's release on bail.

Considering the period for which the petitioner has remained in custody during the pendency of the case, 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 A.D.J. IInd-cum-Special Judge (Excise), Darbhanga, in G.O. Case No. 91 of 2020 arising out of Shakatpur P.S. Case No. 06 of 2020.

It is observed that if the petitioner is found by the prosecution indulging in any criminal activities, it shall be at liberty to approach this Court for cancellation of bail granted by virtue of the present order.

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