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Patna High Court/51824/2021bail granted

Dinesh Kumar v. The State Of Bihar

2021-12-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51824 of 2021 Arising Out of PS. Case No.-199 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== Dinesh Kumar S/O Late Munni Prajapat R/O Village-Amba Tari, P.SMohanpur, District-Fatehpur, Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 199 of 2021 dated 21.06.2021 instituted for the offences under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 22.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.51824 of 2021(2) dt.24-12-2021 2/2 allegation is of recovery of 48 litres of beer and 4.5 litres liquor from a tempo.

Learned counsel for the petitioner submits that the petitioner is alleged to be the driver of the said tempo and thus was not knowing what was being carried in the tempo by the passengers.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 22.06.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act in connection with Fatehpur P.S. Case No. 199 of 2021. (Satyavrat Verma, J) Rishi/- U T