Patna High CourtCR. MISC./34055/2020bail granted

Munna Kumar v. The State Of Bihar

2021-01-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34055 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

Munna Kumar S/o Yogendra Singh 2.

Kanhaiya Singh @ Munna Kumar S/o Ramadhar Singh Both R/o Narayanpur, P.S. Jagdishpur, District-Bhojpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sunil Kumar Yadav, Advocate For the Opposite Party :

Mr. Jitendra Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in connection with Excise Case No.702 of 2020 arising out of Jagdishpur P.S. Case No.100 of 2020 registered under Sections 30(a)/30(d) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submitted that alleged recovery of 35 litres of country made mahua liquor was not made either from the person or from the possession of the petitioners. He contended that altogether 12 persons have been made accused but from the prosecution case itself it would be apparent that no specific allegation has been made against any of the accused persons. He contended that the petitioners have

Patna High Court CR. MISC. No.34055 of 2020(2) dt.22-01-2021 2/2 got no criminal antecedent and are in custody since 02.09.2020. Learned counsel for the State has opposed the application for grant of bail to the petitioners. Considering the facts and circumstances of the case and the period undergone by the petitioners in custody as an under trial prisoner, I am inclined to grant them bail. Accordingly, the petitioners are directed to 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 learned 4th Additional Sessions-cum-Special Judge, Bhojpur, Ara in connection with Excise Case No.702 of 2020 arising out of Jagdishpur P.S. Case No.100 of 2020.

(Ashwani Kumar Singh, J) kanchan/- U T