Patna High CourtCR. MISC./33093/2020bail granted

Nageshwar Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33093 of 2020 Arising Out of PS. Case No.-362 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== NAGESHWAR KUMAR S/o Tuklal Mahto @ Toklal Mahto Resident of Village-Pesra, Police Station-Barkattha and District-Hajaribagh (Jharkhand). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh, 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 Gaighat P.S. Case No. 362 of 2019, registered for the offence punishable under Sections 30(a)/38 and 41 of Bihar Prohibition and Excise Act 2016.

On the allegation of recovery of 196.500 liters of foreign liquor from a Bolero vehicle in occupation of the petitioner and another co-accused, the First Information Report was registered. His application was earlier rejected by an order of this Court dated 12.05.2020 passed in Cr. Misc. No. 81010 of 2019 with an observation that the petitioner shall be at liberty to renew his prayer for bail after completion of one year of custody. The petitioner is in custody since 13.10.2019. The petitioner has no criminal antecedent as has been stated in paragraph 3 of the application.

Patna High Court CR. MISC. No.33093 of 2020(2) dt.25-01-2021 2/2 Considering the above submission and in the light of observation made by this Court in the order dated 12.05.2020 passed in Cr. Misc. No. 81010 of 2019, 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 Act, Muzaffarpur, in Gaighat P.S. Case No. 362 of 2019.

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