Birendra Kumar @ Virendra Kumar @ Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35301 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== BIRENDRA KUMAR @ VIRENDRA KUMAR @ BIRENDRA SAH Son of Late Rameshwar Sah Resident of Village- Dayachapara, Police StationChakiya, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar Singh Mr.Setu Prateek For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-01-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Excise Case No. 167 of 2020, disclosing offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

It is the case of the prosecution, as disclosed in the prosecution report, that the excise officials recovered 72.600 litres of illicit liquor from one car which was occupied by four persons including this petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that though the petitioner has criminal history, inasmuch as, he is accused in Chakia P.S. Case No. 51 of 2020

Patna High Court CR. MISC. No.35301 of 2020(2) dt.12-01-2021 2/2 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018, he has been allowed anticipatory bail by this Court in the said case. He has further submitted that a similarly circumstanced co-accused, namely, Anil Kumar has been allowed regular bail by this Court by an order dated 21.12.2020.

Considering the submission that similarly circumstanced co-accused has been allowed regular bail, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Additional Sessions Judge 2nd cum Special Judge, Excise Act, Gopalganj, in Excise Case No. 167 of 2020.

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