Balraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10076 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== BALRAJ SINGH SON OF RAM KUMAR R/O - PAUH PINDARA, P.S.- SADAR, DISTRICT- VINAL (STATE- HARYANA). AT PRESENTLY RESIDING AT HOUSE NO.236, WARD NO.23, GOHANA MARG, CHAWRI COLONY, P.S.- SADAR (CIVIL CHAKWAI, DISTRICT- VINAL (STATE- HARYANA).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Balmukund Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-07-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the parties.

This application for grant of regular bail arises out of Sahebpur-Kamal P.S. Case No. 58 of 2020, disclosing offences punishable under Sections 120B, 224,414/34 of the Indian Penal Code and Sections 30(A), 32,27,41(1) of the Bihar Excise (Prohibition) Act, 2016. The petitioner is in custody since 28.02.2020. He had earlier approached this Court for grant of regular bail, which was rejected by an order dated 19.08.2020 passed in Cr. Misc. No. 20396 of 2020. By making this application, the petitioner has renewed his prayer for bail mainly on the ground that he is in custody for more than one and half years and there is no likelihood of conclusion of trial in near future. On the basis of secret information, the police had recovered

Patna High Court CR. MISC. No.10076 of 2021(2) dt.07-07-2021 2/2 altogether 126 liters of foreign made liquor from a pick-up vehicle and allegedly the petitioner and others, who were there in the vehicle attempted to flee away. The petitioner and another accused were apprehended. The petitioner is said to have confessed his involvement before the police in course of investigation.

Learned counsel appearing on behalf of the petitioner has argued that the petitioner has no criminal antecedent and considering the period of his incarceration, he deserves to be released on bail. Considering the nature of accusation and the submission made on behalf of the petitioner as noted above, 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 Additional Sessions Judge-II-cum-Special Judge (Excise Act), Begusarai in Sahebpur-Kamal P.S. Case No. 58 of 2020.

(Chakradhari Sharan Singh, J) arun/- U