This judicial order granted regular bail to the petitioner, Prasad Das, in a murder and illicit liquor case, noting his absence from the FIR record and lack of criminal history.
Released on bail with a bond of Rs. 20,000/- and two sureties to the Special Judge, Excise, Muzaffarpur.
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.38161 of 2021
Arising Out of PS. Case No.-30 Year-2021 Thana- KATRA District- Muzaffarpur
======================================================
PRAMOD DAS Son of Ramashish Das Resident of Village - Dargah, P.S.Katra, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 18-01-2022
Heard Mr. Surendra Kumar Singh, learned counsel
for the petitioner and Mr. Bhanu Pratap Singh, Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Katra
PS Case No. 30/2021 registered for the offence punishable under Sections 272, 273, 304, 201, 328, 302/34 of the IPC and Section 34 of Bihar Prohibition & Excise Act 2016.
The prosecution case, in a nut shell, lodged on the basis of information given by Chaukidar, that due to consumption of illicit liquor provided by Mukesh Singh, the deceased, namely Ramchandra Manjhi along with his wife, Manju Devi died.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village
Patna High Court CR. MISC. No.38161 of 2021(2) dt.18-01-2022 2/3
rivalry and on the basis of statement made by one of the witnesses recorded after 5-6 days of the occurrence disclosing that illicit liquor was provided to the victim by Mukesh Singh, his wife, his son and petitioner along with other accused persons. Learned counsel further submits that petitioner is not named in the FIR and the statement made by the witness is highly improbable that the liquor was provided to the victim by named accused in the FIR along with four other accused persons including the petitioner.
Learned counsel further submits that petitioner has got no criminal antecedent and except the statement of one witness, no other evidence has come regarding sale or manufacture of illicit liquor against the petitioner. The petitioner is in custody since 22.02.2021.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner in not named in the FIR, charge-sheet has already been submitted in the matter, trial is not likely to be concluded in near future due to pandemic and petitioner is in custody since 22.02.2021 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, PRAMOD DAS be
Patna High Court CR. MISC. No.38161 of 2021(2) dt.18-01-2022 3/3
released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Katra PS Case No. 30/2021.
(Anil Kumar Sinha, J)
perwez
U T
1 issue framed by the court
Whether the petitioner qualifies for bail considering he is not named in the FIR and has no criminal antecedents.
3 provisions across 2 enactments
Prasad Das
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
