Patna High CourtCR. MISC./58929/2021bail granted

Tinku Kumar @ Tinku Prasad v. The State Of Bihar

2022-01-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58929 of 2021 Arising Out of PS. Case No.-228 Year-2021 Thana- MASHRAK District- Saran ====================================================== Tinku Kumar @ Tinku Prasad S/O Dewchand Prasad @ Deotan Prasad R/O Village-Pachakhanda (Panchkhanda, P.S-Mashrakh, District-Saran At Chapra (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner and Ms. Sharda Kumari, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks regular bail in connection with Mashrakh P.S. Case No. 228 of 2021 instituted for the offences under Sections 272 and 273 of the Indian Penal Code read with Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 07.09.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of recovery of two litres of country-made liquor

Patna High Court CR. MISC. No.58929 of 2021(2) dt.07-01-2022 2/2 from a betel shop of co-accused Devtan Prasad. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot and his name transpired in the confessional statement of Devtan Prasad which has no evidentiary value in the eyes of law.

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 07.09.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chhapra in connection with Mashrak P.S. Case No. 228 of 2021.

(Satyavrat Verma, J) Rishi/- U T