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Patna High CourtCR. MISC./6579/2021bail granted

Pinku Kumar v. The State Of Bihar

2021-04-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6579 of 2021 Arising Out of PS. Case No.-441 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== PINKU KUMAR son of Kuni Lal Resident of Mohalla- Railway Hanter Road East Lohanipur, Ramdas Gali, P.S.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. S.M.Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Special Case no. 6179/2020 arising out of Kadamkuan P.S. Case no. 441 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the first information report, 75.750 litres of IMFL is stated to have been recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from his house or possession. He has no criminal antecedent and is in custody since 18.10.2020.

Patna High Court CR. MISC. No.6579 of 2021(2) dt.05-04-2021 2/2 The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent and the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Case no. 6179/2020 arising out of Kadamkuan P.S. Case no. 441 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna. (Partha Sarthy, J) Spd/- U T