Rajbali Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2650 of 2021 Arising Out of PS. Case No.-68 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== RAJBALI RAI Son of Late Tapsi Rai Resident of Village- Suryapura, P.S.- Bhagwanpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Smt. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-02-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Bhagwanpur P.S. Case No. 68 of 2020, disclosing offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The petitioner is in custody since 05.04.2020. His application for regular bail was earlier rejected by an order dated 29.06.2020 passed in Cr. Misc. No. 21073 of 2020 with a liberty to the petitioner to renew his prayer for bail after three months, if no charge was framed in the meanwhile. Learned counsel for the petitioner has informed this Court that charge has since been framed on 09.10.2020. He has, however, submitted that since the petitioner has remained in

Patna High Court CR. MISC. No.2650 of 2021(2) dt.17-02-2021 2/2 custody for nearly ten months, no purpose would be served if the petitioner is allowed to remain in jail further. There is no likelihood of conclusion of trial in near future, he contends. Considering the facts and circumstances as noted above, this application is allowed.

Let the petitioner above-named 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 the learned Additional Sessions Judge-II-cum-Special Judge Excise Act, Begusarai in Bhagwanpur P.S. Case No. 68 of 2020. (Chakradhari Sharan Singh, J) arun/- U