Anshu Kumar @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4631 of 2021 Arising Out of PS. Case No.-362 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== ANSHU KUMAR @ ASHOK KUMAR Son of Ravikant Prasad Resident of Village - Gaipahari, Police Station - Barkattha, District - Hazaribagh (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Iftekhar Mahmood, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-01-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Gaighat P.S. Case No. 362 of 2019, disclosing offences punishable under Section 414 of the Indian Penal Code and Sections 30(a), 38, 41 of the Bihar Prohibition and Excise Act, 2016.

Earlier by an order dated 12.05.2020, passed in Cr. Misc. No. 81010 of 2019, the petitioner's application for grant of regular bail was rejected with an observation that he shall be at liberty to renew his prayer for bail after completion of one year.

The petitioner is in custody since 13.10.2019. Allegedly, 197 liters of Indian made foreign liquor was

Patna High Court CR. MISC. No.4631 of 2021(2) dt.27-01-2021 2/2 recovered from Bolero vehicle, which was occupied by the petitioner and the co-accused. Both of them were arrested. Learned counsel for the petitioner has argued that since there is no chance of expeditious conclusion of the trial because of prevailing circumstances and since the petitioner has remained in custody for more than one year, no purpose would be served by keeping the petitioner further under custody. Considering the aforementioned submission and the observation made by this Court in the order dated 12.05.2020 passed in Cr. Misc. No. 81010 of 2019, 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 Special Judge, Excise, Muzaffarpur in Gaighat P.S. Case No. 362 of 2019.

(Chakradhari Sharan Singh, J) arun/- U