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Patna High CourtCR. MISC./47947/2021bail granted

Dhananjay Kumar v. The State Of Bihar

2021-09-01Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47947 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- MAIGRA District- Gaya ====================================================== DHANANJAY KUMAR Son of Kedar Yadav Resident of Village - Ramdohar, P.S.- Bhadwar in the district of Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-09-2021 Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Maigra P.S. Case No. 32 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 16.4.2021 passed in Cr. Misc. 7827 of 2021 with liberty to the petitioner to renew his prayer for grant of regular bail after three months.

Patna High Court CR. MISC. No.47947 of 2021(2) dt.01-09-2021 2/3 The allegation against the petitioner is that the Motorcycle of the petitioner was intercepted by the Police and 33 litres of country made liquor was recovered from the same. Learned counsel for the petitioner submits that the petitioner is in custody since 10.9.2020, and while rejecting the bail application of the petitioner earlier, this Court had given liberty to the petitioner to renew his prayer for bail after three months. Learned counsel next submits that charge sheet has already been submitted in the matter and the trial is not likely to be concluded in near future due to Covid-19 pandemic. Regard being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 10.9.

2020, the charge sheet has already been submitted in the matter and this is second attempt for grant of regular bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Maigra P.S. Case No. 32 of 2020.

Patna High Court CR. MISC. No.47947 of 2021(2) dt.01-09-2021 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T