Ramendra Sharma @ Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57831 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- NADI P.S. District- Patna ====================================================== 1.
AJEET KUMAR @ PAPPU Son of Late Vinod Prasad Resident of VillageBankipore Gorakh, Ganjpar, P.S.- Fatuha, District- Patna. 2.
CHITRANJAN KUMAR Son of Yogendra Prasad @ Yogendra Singh Resident of Village- Rasalpur, P.S.- Fatuha, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57882 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- NADI P.S. District- Patna ====================================================== RAMENDRA SHARMA @ TIWARY S/o RAM KESHAV SHARMA R/o MOHALLA-98, MAHAGOLI, DISTRICT-AGRA (U.P).
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 57831 of 2021) For the Petitioner/s :
Mr. N.K. Agrawal, Sr, Adv.
Mr.Vijay Anand, Adv.
For the Opposite Party/s :
Ms.Indu Kumari Srivastava, Adv.
(In CRIMINAL MISCELLANEOUS No. 57882 of 2021) For the Petitioner/s :
Mr. N.K. Agrawal, Sr, Adv.
Mr.Vijay Anand, Adv.
For the Opposite Party/s :
Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2022 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioners and learned Additional Public Prosecutor for the State.
Both these bail applications have been heard together
Patna High Court CR. MISC. No.57831 of 2021(3) dt.28-04-2022 2/3 and are being decided by a common order as they arise out of same PS Case Number i.e., Nadi PS Case No. 04/2021. Petitioners seek regular bail in connection with Nadi PS Case No. 04/2021, Special Case No. 171/2021 registered for the offences punishable under Sections 353/420/427/467/468/471/34 of the IPC and Sections 30(a)/36/41(1)/ of Bihar Prohibition & Excise Act. An FIR bearing Nadi PS Case No. 04/2021 (Special Case No. 171/2021) was registered on the basis of the prosecution story that the police got a secret information that one truck loaded with illicit foreign liquor was coming from nearby St. Joseph's School, Jethuli, proceeded towards the place of occurrence and upon seeing the police party, some of the miscreants along with vehicles succeeded in fleeing away. However, the police intercepted three cars along with a truck from where altogether 4794.630 litres of illicit liquor has been recovered.
Learned senior counsel for the petitioners submits that the petitioners have been made accused in the present case on the basis of confessional statement recorded in Bypass PS Case No. 38/2021 in which the petitioners have been granted bail. He next submits that on the basis of said confessional statement, the
Patna High Court CR. MISC. No.57831 of 2021(3) dt.28-04-2022 3/3 petitioners have been made accused in five other cases out of which they have been granted bail in four cases and the present case is the fifth one. The petitioners are in custody since 08.07.2021.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioners have been made accused on the basis of their confessional statement in the present case and four other cases in which, they are on bail, petitioners are in custody since 08.07.2021, other co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioners. Accordingly, let the above named three petitioners, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Nadi PS Case No. 04/2021, Special Case No. 171/2021.
(Anil Kumar Sinha, J) perwez U T