Prem Kumar @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58959 of 2021 Arising Out of PS. Case No.-64 Year-2020 Thana- SIRDALA District- Nawada ====================================================== Prem Kumar @ Ravi Kumar S/o Balchand Chaudhary Resident of VillageBariatand, P.S.- Sirdalla, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and Shri Ajay Kumar Jha, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks regular bail in connection with Sirdalla P.S. Case No. 64 of 2020 instituted for the offences under Section 414 of the Indian Penal Code read with Sections 25(1-b)A, 26 and 35 of the Arms Act and Sections 30(a) (d) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 16.07.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of recovery of 26 litres of liquor Bindeshwar Prasad and Bipin Kumar, 33.9 litres of liquor from Manoj Yadav

Patna High Court CR. MISC. No.58959 of 2021(2) dt.13-01-2022 2/2 and 2,000 litres fermented mahua and one country-made pistol. Learned counsel for the petitioner submits that the petitioner was not arrested from the place of occurrence and his name transpired in the confessional statement as such nothing was recovered from his possession.

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

Considering the fact that the petitioner is in custody since 16.07.2021, charge-sheet has been submitted in the case, was not arrested from the place of occurrence and nothing was recovered from his possession, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IIcum-Spl. Judge, Nawada in connection with Sirdalla P.S. Case No. 64 of 2020.

(Satyavrat Verma, J) Rishi/- U T