Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55767 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== PREM KUMAR SON OF BITESHWAR VERMA RESIDENT OF BHAGWATIPUR, P.S.- BIHTA, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parshuram Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Special Case No. 790 of 2021, arising out of Rail Danapur Police Station Case No. 11 of 2021, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that a total quantity of 22.5 litres of illicit liquor has allegedly been recovered from the possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He next submits that similarly situated co-accused Rakesh Kumar has been granted bail by this Court, vide order, dated 31.01.2022, passed in Criminal Misc. No. 42070 of 2021. He further submits that

Patna High Court CR. MISC. No.55767 of 2021(2) dt.09-02-2022 2/2 the petitioner is in custody since 01.02.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that similarly situated co-accused has been granted bail by this Court, the petitioner is in custody since 01.02.2021, charge sheet has already been submitted and there is no likelihood of the trial being concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 790 of 2021, arising out of Rail Danapur Police Station Case No. 11 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √