The Patna High Court allowed two applications for regular bail filed by Monu Kumar and Rajesh Kumar, who were in custody for alleged offences under the Bihar Prohibition and Excise Act involving country-made liquor.
Released on bail bond of Rs. 10,000/- each with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21155 of 2020
Arising Out of PS. Case No.-12 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada
======================================================
MONU KUMAR Son of Naresh Sharma Resident of Mohalla-Postal park, road no.3, P.S.-Jakkanpur, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 21250 of 2020
Arising Out of PS. Case No.-12 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada
====================================================== RAJESH KUMAR S/o Late Umesh Lal Resident of Mohalla- Postal Park, P.S.- Kankarbagh, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 21155 of 2020) For the Petitioner/s : Ms.Shilpi Keshri For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 21250 of 2020) For the Petitioner/s : Ms.Shilpi Keshri For the Opposite Party/s : Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
4 17-02-2021 Heard learned counsel for the parties.
These applications for grant of regular bail arise out of G.O. Case No. 12 of 2020, disclosing offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CR. MISC. No.21155 of 2020(4) dt.17-02-2021 2/3
Nearly one year before, the prayer for bail made on behalf of the petitioners was rejected by an order dated 28.02.2020 passed in Cr. Misc. No. 10331 of 2020. The petitioners have renewed their prayer for bail by filing these two applications.
The petitioners are in custody since 14.01.2020, who were allegedly apprehended with 182 liters of country made liquor.
Learned counsel for the petitioners has contended that the petitioners have no criminal antecedent and since chargesheet has been submitted there is no possibility of tampering with the evidence or influencing the witnesses, if allowed privilege of regular bail. She has further submitted that because of prevailing situation arising out of COVID-19 outbreak, there is no likelihood of conclusion of trial in near future.
Considering the aforesaid submission and taking into account the fact that the petitioners are in custody since 14.01.2020, these applications are allowed.
Let the petitioners above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge,
Patna High Court CR. MISC. No.21155 of 2020(4) dt.17-02-2021 3/3
Nawada in G.O. Case No. 12 of 2020.
(Chakradhari Sharan Singh, J)
arun/-
U
1 issue framed by the court
Whether regular bail should be granted to the petitioners accused of offences under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Monu Kumar
Rajesh Kumar
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
